Ashok Dewangan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3608 of 2017 • Ashok Dewangan S/o Shri Khorbahara Dewangan, Aged About 34 Years, R/o Village Dumardih, Post Patora, Police Station Utai, Ward No. 02, Tehsil and District Durg (Chhattisgarh) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer- Utai, District Durg (Chhattisgarh) ---- Non-applicant For Applicant - Shri Shokie Yadav, Advocate. For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 04-07-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.98/2017 on 02-4-2017 by P.S.Utai, District Durg, C.G. for the offence under Section 34(2) of the C.G. Excise Act,1915. After investigation police had filed the charge sheet against the present applicant and co-accused Devender Singh which is pending as Criminal Case No.2725/17 before the Court of JMFC Durg, C.G. As per the allegation, from the joint possession of both the accused 8 boxes in every box 24 bottle liquor of 375 ML denomination, 1 box having 24 bottle of 375 ML denomination and 6 boxes in each box 48 bottle of 180 ML denomination were seized. The applicant will not commit any offence in future. Trial may take some time and as the co-accused was granted bail vide order dated 22-052017 in MCRC No.3204/17 by the coordinate Bench and the case of the present applicant is similar to the co-accused as seizure has been effected from both the accused, the instant MCRC may be allowed and the applicant may be enlarged on bail.

3.

Per contra, learned counsel for the State/non-applicant opposed the

-2argument advanced on behalf of the applicant on the basis of huge quantity of liquor so seized from the joint possession of the applicant and co-accused Devender Singh and would submit that earlier following matter have been registered against the applicant:- Sl.No.

Crime No.

Section 01.

171/10 36 (C) of the C.G. Excise Act, 1915 02.

217/04 457, 354, 506 of the IPC 03.

22/01 294, 506, 323, 34 of the IPC Learned counsel for the State/non-applicant would submit that it goes to show the earlier criminal antecedent of the applicant. Hence, the instant MCRC may be dismissed.

4.

Perused the entire material.

5.

As the applicant is in custody since 3 months and 2 days, charge sheet has been filed, trial may take some time, the co-accused was granted bail, though earlier as aforementioned three matter have been reported, other two matter are not in relation with the similar offence and also they are about 16 years and 13 years old under different penal offence, Crime No.171/10 is also about 7 years old in connection with bailable offence, upon consideration of the entire facts, I am inclined to grant bail to the applicant as the case of present applicant is similar to the case of co-accused Devender Singh who have been granted bail. 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.1,00,000/- (Rs. One Lac) with two solvent sureties of Rs.50,000/- each to the satisfaction of the Judicial Magistrate First Class Durg, C.G. for his appearance before the said 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

-3intentionally; (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.

It is further directed that the applicant shall appear in person before the IO/SHO/In-charge, as the case may be, of P.S. Utai, District Durg, C.G. in 1st and 3rd Monday of every month at 11.00 a.m. sharp till disposal of said criminal case against him. If the applicant failed to mark his appearance before the concerned police as directed, the police may inform the trial Court for the same and if the trial Court appreciates that the applicant was not present before the concerned police for no any sufficient or cogent reason, the bail granted to the applicant shall stand cancelled by the trial Court without further reference to the Bench.

8.

Registrar (Judicial) is directed to send a copy of this order to the concerned trial Judge and also to provide a copy of the order to the nonapplicant/State for placing it with the case diary to be returned to the concerned police for compliance and information. 9.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Aadil