Mithun Tambeekar & Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8757 of 2020

1. Mithun Tambeekar & Another S/o Harish Chandra Tambekar Aged About 26 Years R/o Gram-Gadchirroli, Kotgul Distt. Korchi, (Maharashtra)

2. Ajay Kumar Bhandari S/o Ramnath Bhandari Aged About 21 Years R/o GramGadchirroli, Kotgul Distt. Korchi, (Maharashtra) ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Excise Circle, OP Ambagarh Chowki, District Rajnandgaon, Chhattisgarh ---- Respondent For Applicant :

Shri S.S.Baghel, Advocate For State :

Shri K.K.Singh, Govt. Adv.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/04/2021 Heard.

1.

The applicants have been arrested in connection with Crime No.31/2020 registered at Police Station - Excise Circle, OP Ambagarh Chowki, District - Rajandgaon (C.G.) for alleged commission of offences under Section 34 (2) of Chhattisgarh Excise Act, 2015.

2.

Prosecution case is that from the possession of the applicants, 235.8 liters of liquor was seized.

3.

Learned counsel for the applicants would submit that investigation is complete, charge sheet has been filed, the applicants are in jail since 25/10/2020 and therefore, looking to the maximum sentence which could be awarded, the applicants may be granted bail.

4.

On the other hand, learned State counsel opposes prayer and submits that looking to the quantity of liquor and that they belong to another State, if they are granted bail, it is likely to delay the true progress of trial.

5.

Taking into consideration the nature of allegations, amount of liquor seized, pretrial detention and maximum period of sentence which could be awarded and no criminal antecedents pointed out by the State counsel, I am inclined to grant bail to the applicants.

6.

Accordingly, the application is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the Trial Court on the condition that - a) They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) They shall not make any attempt to tamper with the prosecution witnesses. Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti