Uttara Manjhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4078 of 2017 Uttara Manjhi S/o Late Dhobilal Manjhi Aged About 40 Years R/o Village Patsendri, Police Station- Saraipali, District Mahasamund, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through: Station House Officer, Police StationSaraipali, District- Mahasamund, Chhattisgarh ---- Respondent For applicant Mr. Gurudev I. Saran, Adv.

For Respondent/State Mr. UKS Chandel, PL.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 17-71. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 20-5-2017 in connection with Crime No. 160/2017 registered in PS Saraipali, Distt. Mahasamund for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed and the same is pending before the CJM Mahasamund as criminal case No. S-1289/2017. This is his first bail application before this Court. He is first offender. As per allegation, 20 bulk litre hand made country liquor has been seized from the conscious possession of the applicant without any licence or permission. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time.

4. Per contra, learned State counsel opposes the bail application on the basis of the quantity of the liquor so seized in the matter. However he fairly conceded that no criminal antecedent of the applicant is reported by the police in the case diary.

5. Perused the matter.

6. On due consideration, as the applicant is the first offender, he is in jail since 1 month and 27 days, charge sheet has been filed, though quantity of the liquor so seized from the applicant is on higher side but as submitted he will not commit any crime in future, I am inclined to grant one opportunity to the applicant to live peacefully in the society without committing any crime. Consequently, instant MCRC is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with two solvent sureties each of Rs. 25,000/- to the satisfaction of the CJM Mahasamund CG for his appearance before the said Court regularly as and when directed by the said Court.

7. 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: (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.

8. CC as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak