Rajkumar @ Raju v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3943 of 2017 • Rajkumar @ Raju S/o Late Shri Brijmohan Gupta, Aged About 23 Years, R/o Village Baskar, Police Station Jhilmili, District Surajpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through: Station House Officer, Police StationJhilmili, Civil And Revenue District- Surajpur, Chhattisgarh ---- Non-applicant For Applicant - Shri Pushpendra Kumar Patel, Advocate. For Non-applicant/State - Shri Wasim Miyan, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 25-07-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.51/2017 on 02-4-2017 by P.S. Jhilmili, District- Surajpur, C.G. for the offence under Section 34(2) of the C.G. Excise Act, 1915. After investigation police had filed the charge sheet which is pending before the CJM Surajpur, C.G. as Criminal Case No.1656/17. Learned counsel for the applicant would further submit that as per the allegation, from the applicant 54.550 bulk liter foreign liquor has been seized. The applicant is first offender. He will not commit any offence in future. Trial may take some time. He may be granted bail till 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 there is no any criminal past of the applicant.

4.

Perused the entire material.

5.

As the applicant is in custody since 3 months and 23 days till date, charge sheet has been filed, trial may take some time, the applicant is first offender, he had no earlier criminal antecedent and as submitted he will not

-2commit any offence in future, though the quantity of liquor so seized is on higher side, but on consideration of the entire facts, I am inclined to grant one opportunity to the applicant so that he shall not involve himself in any offence 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.1,00,000/- (Rs. One Lac) with two solvent sureties of Rs.50,000/- each to the satisfaction of the Chief Judicial Magistrate Surajpur, 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 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.

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. Jhilmili, District Surajpur, C.G. in 1st and 3rd Monday of every month at 11.00 a.m. sharp till disposal of the 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

-3concerned trial Judge and also to provide a copy of the order to the non-applicant/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