Ramcharan Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3820 of 2017 • Ramcharan Jaiswal S/o Kariyaram Jaiswal, Aged About 65 Years Caste Kalaar, R/o Village Ghoghri, Police Station Dabhara, District Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Janjgir, District Janjgir-Champa, Chhattisgarh ---- Respondent For Applicant : Shri Basant Dewangan, Advocate For Respondent/State : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 05.7.2017 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.117/2017 registered in Police Station Dabhara, Dist. Janjgir Champa (CG) for the offence punishable under Section 34(2) of the CG Excise Act, 1915. 3.

Learned counsel for the applicant submits that the applicant has been arrested on 12.4.2017, after investigation, concerned police has filed charge sheet against the present applicant, which is pending as Criminal Case No.218/17 before Judicial Magistrate First Class, Dabjara, Distt. Janjgir-Champa. As per the allegation, 21.060 bulk liters of foreign liquor has been seized from the possession of

the applicant. The applicant is the first offender, he will 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 ground that huge quantity of liquor has been seized from the applicant but fairly submits that there is no criminal antecedent reported against the applicant.

5.

Perused the entire material.

6.

The applicant is in jail for about two months and twenty three days, he is aged about 65 years, charge sheet has been filed, trial may take sometime for its conclusion, there is no criminal antecedent reported against the applicant, though the quantity of liquor so seized is on higher side, but considering the entire facts, I am inclined to grant one 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.40,000/- with one solvent surety of like sum to the satisfaction of Judicial Magistrate First Class, Dabhara, Distt. Janjgir Champa 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