Swatanrata Gond v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2910 of 2017 • Swatanrata Gond S/o Jagannath Gond, Aged About 30 Years, Caste Gond, R/o Village Gopalpur, Police Station & Post Office Mainpur, District Gariyaband, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh through the Station House Officer, Police Station Mainpur, District Gariyaband, Chhattisgarh.

---- Non-applicant For Applicant - Shri Shivendu Pandya, Advocate. For Non-applicant/State - Shri Wasim Miyan, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 18-05-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.30/2017 on 31-3-2017 by P.S. Mainpur, Civil District Raipur, 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 Gariyaband, C.G. The applicant is first offender. This is the first bail application. As per the allegation, from the applicant 8.640 bulk liter foreign liquor has been seized. He 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 on the basis of the quantity of liquor so seized from the applicant, though fairly conceded that the applicant never involved in any crime earlier to the incident. 4.

Perused the entire material.

5.

On due consideration, as the applicant is in jail since one month and 19 days, charge sheet has not yet been filed, trial may take some time, he is first offender, and on consideration of the quantity of liquor so seized from the

-2applicant, I am inclined to grant one opportunity to the applicant so that he shall not involve in any crime and 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 Gariyaband, 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