Mritunjay Shah v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3333 of 2017 • Mritunjay Shah S/o Rajendra Shah, Aged About 36 Years, R/o VillageBisai Police Station Tarapur, District (Revenue & Civil) MungerBhagalpur (Bihar), At Present R/o Ashok Vihar, House No. 1, Khamtarie,Raipur, District- (Revenue & Civil) - Raipur, Chhattisgarh.Mo. No. 9713013752 ---- Applicant

Versus

• State Of Chhattisgarh Throuh Station House Officer Police StationPulgaon, District- Durg, Chhattisgarh. ---- Non-applicant For Applicant - Shri Yogesh C. Pandey, Advocate. For Non-applicant/State - Shri Bhaskar Payashi, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 09-06-2017 1.

Heard on I.A.No.1/2017 for urgent hearing and I.A.No.2/2017 for hearing during summer vacation.

2.

On due consideration, both the above applications are hereby disposed of.

3.

Heard the matter finally.

4.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.101/2017 on 25-04-2017 by P.S. Urla, 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 JMFC Raipur, C.G. The applicant is first offender. This is first bail application. As per the allegation, 5.760 bulk liter liquor has been seized. The applicant will not commit any offence in future. He may be granted bail during trial.

5.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant, though fairly conceded that there is no any earlier criminal antecedent of the applicant. 6.

Perused the entire material.

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As the applicant is in jail since one month and 15 days, charge sheet has not yet been filed, trial may take some time, the applicant is first offender with no criminal antecedent, on due consideration of the period of detention and the quantity of liquor so seized, I am inclined to grant one opportunity to the applicant so that he shall not involve himself in any crime and shall live 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.25,000/- with one solvent surety of the like sum to the satisfaction of the Judicial Magistrate First Class Raipur, C.G. for his appearance before the said Court as and when directed till trial. 8.

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. 9.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) Vacation Judge Aadil