Sagar Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3531 of 2017 • Sagar Sonwani S/o Samratan Swami, Aged About 19 Years R/o Near Prasad Building, Ward No. 05, Laxmi Nagar, Supela, Police Station Supela, Tahsil & District- Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through : The District Magistrate- Durg, Thana Incharge Chowki, Anjora, Police Station Pulgaon, Tahsil & District- Durg, Chhattisgarh.

---- Respondent For Applicant : Shri Tarun Dansena, Advocate For Respondent/State : Shri Neeraj Sharma, Govt. Advocate Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 20.6.2017 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.131/2017 registered in Police Station Pulgaon, Tahsil & Distt. Durg for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Learned counsel for the applicant submits that the applicant has been arrested on 10.3.2017, after investigation, concerned police has filed charge sheet against the present applicant, which is pending as Criminal Case No.3251/17 before Judicial Magistrate First Class, Durg. As per the allegation, 10.808 bulk liters of country made liquor has been seized from the possession of the present

applicant. He further submits that the applicant will not commit any offence in future, hence, he may be granted bail. 4.

Per contra , learned counsel for the State opposes the bail application on the basis of the quantity of liquor so seized from the applicant, but fairly submits that there is no criminal antecedent reported against the applicant.

5.

Perused the entire material.

6.

As the applicant is in jail for three months and ten days, he is aged about 19 years, charge sheet has been filed, the trial may take sometime, I am inclined to grant one last opportunity to the applicant, so that he shall not commit any similar or other offence in future. 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.30,000/- with one solvent surety of like sum amount to the satisfaction of Judicial Magistrate First Class, Durg for his appearance before the said Court as and when directed.

9.

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 Bini