Devlal Netam v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2717 of 2017 • Devlal Netam S/o Shri Dharam Singh Netam, Aged About 40 Years R/o Gram Kosmi, Police Station Chura, District Gariyaband, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through Police Station Chura, Civil & Revenue District Gariyaband, Chhattisgarh.
---- Respondent For Applicant : Shri SS Baghel, Advocate For Respondent/State : Shri OP Sahu, GA Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 11.5.2017 Heard the matter finally.
2.
This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.46/2017, registered at Police Station Chhura, District Gariyaband (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 3.
Case of the prosecution, in brief, is that 6.660 bulk liters of country liquor has been seized by the police from the present applicant.
4.
Learned counsel for the applicant submits that the applicant is in detention since 30.3.2017. He further submits that charge sheet has been filed on 12.4.2017, but he is not in a position to
state the no. of said criminal case. and the matter is pending before CJM Gariyaband(CG). The applicant is the first offender and has no criminal background, he will not commit any offence in future and also trial will take some time; therefore, the applicant may be released on bail.
5.
On the other hand, learned counsel for the State opposes the bail application. However, he fairly conceded that there is no material against the applicant for involvement in any offence. 6.
I have heard the counsel appearing for the parties and perused the material.
7.
On due consideration, as the applicant is in jail since 1 month and 14 days, charge sheet is filed, the applicant is first offender; he will not commit any offence in future; trial will take some time and considering the quantity of liquor so seized, I am inclined to grant one last opportunity to the applicant so that he may not commit any offence in future and shall remain in the society peacefully.
8.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the CJM, Gariyaband (CG) for his appearance before the said trial Court as and when directed till trial.
10.
It is made clear that this order granting bail to the applicant shall stand cancelled automatically without reference to the Bench by the Cort 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 the above , the Court below may proceed further under the provisions of law, under intimation.
Certified copy as per rules.
Sd/- (Chandra Bhushan Bajpai) JUDGE sunita