Vinod Sweepar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2662 of 2017

1. Vinod Sweepar S/o Krishna Sweepar, Aged About 32 Years, R/o Sweepar Mohalla, New Bus Stand, Police Station and Tehsil Lormi, Civil District Bilaspur and Revenue District Mungeli Chhattisgarh ---- Applicant

Versus

1. State of Chhattisgarh Through S.H.O. of Police Station Lormi Civil District Bilaspur and Revenue District Mungeli Chhattisgarh ---- Non-applicant For Applicant - Shri Pallav Mishra, Advocate. For Non-applicant/State - Shri Sumit Jhanwar, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 10-05-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.110/2017 on 31-3-2017 by P.S. Lormi 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 CJM Mungeli, C.G. The applicant is first offender. This is the first bail application. As per allegation, from the applicant 11.700 bulk liter country liquor has been seized. He will not commit any offence in future. He may be granted bail as trial may take some time.

3.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant on the basis of quantity of the liquor so seized, though fairly conceded that Lormi police had not noticed any earlier criminal antecedent against the present applicant. 4.

Perused the entire material.

5.

On due consideration, as the applicant is in jail since one month and 11 days, charge sheet has not yet been filed, trial may take some time, the applicant is first offender with no criminal antecedent, after consideration of the

-2quantity of the liquor so seized from the applicant, I am inclined to grant one opportunity to the applicant so that he shall not involve himself in any crime and shall remain peacefully in society. 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 Mungeli, 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