Heera Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 540 of 2017 • Heera Bai W/o Gajadhar Pardhi, Aged About 45 Years R/o VillageBaherakala, Thana- Bemetara, District- Bemetara Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh through Station House Officer, ThanaBemetara, District- Bemetara Chhattisgarh. --- Respondent For the applicant :

Mr. Sameer Singh, Advocate For the Respondent :

Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.01.2017

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 301/2016 registered at P.S. Bemetara, Distt. Bemetara (C.G) for the offence punishable under Section 34(2) of the C.G. Excise Act.

2. The earlier bail application was dismissed on 09.08.2016 on merits wherein it was predominantly considered that against the applicant another crime No.199/2016 was already registered and within a close proximity of time, again he committed the offence.

3. Learned counsel for the applicant would submit that the applicant is in jail since 10.06.2016 and out of 13 witnesses, only 5 witnesses have been examined and disposal of trial will take time.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the facts and circumstances of the case, I am

not inclined to allow this second bail application.

6. The trial Court is requested to expedite the trial within a further period of 3 months.

Sd/- GOUTAM BHADURI JUDGE R a o