Sanjay Kosale v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6283 of 2015 • Sanjay Kosale, S/o Kalam Kosle, Aged About 28 Years, By Caste - Satnami, R/o Village - Devarhat, Thana - Lalpur, Revenue Distt. - Mungeli, Civil Distt. Bilaspur ( Chhattisgarh ) --- Petitioner

Versus

• State Of Chhattisgarh Through The Excise Officer, Exicise Circle Lormi, Distt. - Mungeli ( Chhattisgarh) --- Respondent For the applicant :

Mr. Sumit Shrivastava, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.11.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 279 of 2015 registered at P.S. Excise Circle, Lormi, District Mungeli (C.G) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 27 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is in jail since 24.10.2015 and the seizure having been made, no further investigation is necessary and prays for releasing the applicant on regular bail.

4. Per contral, learned State Counsel opposes the bail application.

5. Taking into consideration the totality of the circumstances

and the fact that the quantity of seized liquor in this case is 27 bulk litres; offence is triable by the JMFC, the applicant is in jail since 24.10.2015 this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . He is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao