Janakram Bandhe v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2880 of 2017 • Janakram Bandhe S/o Budhram Bandhe, Aged About 55 Years ( Wrongly Mentioned The Name Of The Father Of The Applicant As Budhiyar Bandhe, In The Cause Title Of The Rejection Order ) Caste Satnami, R/o Village Pond, Police Station & Post Office Panduka, District Gariyaband Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through : Station House Officer, Police Station Panduka, District Gariyaband Chhattisgarh ---- Respondent For Applicant : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Neeraj Jain, GA Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 18.5.2017 1.

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.33/2017, registered at Police Station Panduka, Distt. Gariyaband(CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 3.

Learned counsel for the applicant submits that the applicant is arrested on 8.4.2017 and yet charge sheet has not been filed.

The applicant is remanded by CJM, Gariyaband (CG). As per allegations from the possession of the applicant 7 bulk liters of handmade country liquor has been seized. He further submits that the applicant is the first offender and he has no criminal background; trial will take some time, therefore, the applicant may be released on bail.

4.

On the other hand, learned counsel for the State opposes the bail application. Though he fairly conceded that there was no criminal past of the applicant prior to the incident. 5.

I have heard the counsel appearing for the parties and perused the material.

6.

Without commenting on merits, considering the totality of the facts and circumstances of the case, as the applicant is in detention since 1 month and 10 days; charge sheet has not been filed; trial may take some time and he was never involved earlier in any offence, I am inclined to grant last opportunity to the applicant so that he shall not involve in any of the offence and shall remain in the society peacefully.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

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 of like sum to the satisfaction of the C.J.M. Gariyaband

(CG) for his appearance before the said trial Court as and when directed till trial.

9.

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 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