Indal Sidar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2559 of 2017

1. Indal Sidar S/o Sahasram Sidar, Aged About 34 Years, R/o Village Loharindipa, Thana- Basna, Tahsil Basna and District Mahasamund, Chhattisgarh.

---- Applicant

Versus

1. State of Chhattisgarh Through Station House Officer, Police StationBasna, District- Mahasamund, Chhattisgarh. ---- Non-applicant For Applicant - Shri Vikash Pradhan, Advocate. For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 08-05-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.126/2017 on 30-3-2017 by Basna police, District- Mahasamund, C.G. for the offence under Section 34(2) of the C.G. Excise Act, 1915. Charge sheet has not yet been filed, the applicant is remanded by the CJM Mahasamund, C.G. This is the first bail application. The applicant is first offender. As per the allegation, he was transporting 17.280 bulk liter country liquor in a motorcycle bearing registration No. CG 06 D 2249. The applicant will not commit any offence in future. He may be granted bail during trial.

3.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant, though fairly conceded that the applicant had not involved earlier in any crime. 4.

Perused the entire material.

5.

On due consideration, as the applicant is in jail since one month and 10 days, charge sheet has not yet been filed, the applicant is first offender and as submitted he will not involve in any offence, I am inclined to grant one

-2opportunity to the applicant so that he shall not involve in any offence in future and remain peacefully in society, though the quantity of liquor so seized in on the higher side. Consequently, the instant MCRC is hereby allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- with one solvent surety of the like sum to the satisfaction of the Chief Judicial Magistrate Mahasamund, C.G. for his appearance before the said trial Court as and when directed till trial. 6.

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; and (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. 7.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Aadil