Shivkumar Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2394 of 2017 Shivkumar Sonwani S/o Dukhuram Sonwani, Aged About 26 Years R/o Near Maruti Bread Factory ( Wrongly Mentioned The Bad In The Rejection Order ) Satnami Para, Telibandha, Raipur, Post Office - Raipur, Police Station Telibandha, Raipur, District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Telibandha, District Raipur Chhattisgarh ---- Respondent For applicant Mr. Shivendu Pandya, Adv.

For Respondent/State Mr. Anant Bajpai, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 2/5/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 10-12-2016 in connection with Crime No. 409/2016 registered in PS Telibandha, Distt. Raipur for offence punishable under Section 34 sub-section (2) of the CG Excise Act.

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed and the matter is pending before the CJM, Raipur as Criminal Case no. 23906/2016. He is in jail for last 4 months and 22 days till date. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time. As per allegation, 6.120 bulk litre foreign liquor has been seized from the conscious possession of the applicant without any licence or permission.

4. Learned State counsel opposes the bail application. However he fairly conceded that no criminal antecedent of the applicant is reported by the police in the case diary.

5. Perused the matter.

6. On due consideration, as the applicant is the first offender with no criminal antecedent, he in in jail for last 4 months and 22 days, I am inclined to grant one opportunity to the applicant to live peacefully in the society without committing any crime. Consequently, instant MCRC is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety of the like sum to the satisfaction of the CJM, Raipur CG for his appearance before the said Court regularly as and when directed by the said Court.

7. It is made clear that this order granting bail to the applicant shall stand cancelled automatically without reference to the bench by the Court below if (i) the trial Court finds that the applicant suppressed filing or pendency of any other application for grant of bail before this court or the Hon'ble Apex Court intentionally, (ii) the applicant does not cooperate in the trial; (iii) the applicant is found to be involved in any offence of the like nature: (iv) the trial Court finds that the applicant remains absent without any sufficient and cogent reason. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation.

8. CC as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak