Rohit Das @ Bhola v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4071 of 2017 Rohit Das @ Bhola S/o Babulal Gilhare Aged About 50 Years R/o Village Pond, Police Station Gobra Nawapara, Tahsil- Abhanpur, District Raipur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through: Police Station Gobra Nawapara, Raipur, District Raipur, Chhattisgarh ---- Respondent For applicant Mr. C.R. Sahu, Adv.

For Respondent/State Mr. Sumit Jhanwar, Panel Lawyer.

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 15-5-2017 in connection with Crime No. 111/2017 (wrongly mentioned as 117/2017) registered in PS Gobra Nawapara, Raipur for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915

3. Learned counsel for the applicant submits that to the best of his knowledge and instruction, the applicant is still in the custody and remanded by the JMFC Raipur. He has no knowledge as to whether charge sheet has been filed or not or if filed on which date and what is the criminal case number. This is his first bail application before this Court. As per allegation, 5.400 bulk litre 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. He submits that earlier Crime No. 151/2005 under Section 34 sub-section

(1)(a) of the CG Excise Act, 1915, Crime No. 18/2008 under Section 36(C) of the CG Excise Act, 1915 and Crime No. 352/2008 under Section 34 sub-section (1)(a) of the CG Excise Act have been registered against him. Hence the bail application may be dismissed.

5. Perused the matter.

6. On due consideration, as the applicant is in jail since 2 months and 2 days, as the offence registered against the applicant earlier are bailable one, instant MCRC is hereby disposed of and it is directed that if the applicant is still in jail and not granted bail by the trial Court under the relevant provisions of Section 167 sub-section (2) of the Cr.P.C. then only he be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety of the like sum to the satisfaction of the JMFC, Raipur 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. It is made clear that if the applicant is already released on bail then the trial Court is directed not to act any further in the present order.

9. CC as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak