Ramashankar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4075 of 2017 Ramashankar Patel S/o Shiv Kumar, Aged About 28 Years Caste Marar, R/o Village Taraigaon, Tahsil & District Mungeli, Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh through Station House Officer, Police Station Jarhagaon, District Mungeli, Chhattisgarh.

---- Respondent For applicant Mr. Mirza Hafeez Baeg, Adv.

For Respondent/State Mr. Anant Bajapai, Panel lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 20-71. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 24-5-2017 in connection with Crime No. 85/2017 registered in PS Jarhagaon, Distt. Mungeli 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 Mungeli but he is not aware of the criminal case number. This is his first bail application before this Court. He is first offender. He is in custody since long. As per allegation, 8 1⁄2 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 liquor so seized from the applicant. 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 months and 26 days till date, charge sheet has been filed and trial may take some time and 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. 30,000/- with one solvent surety of the like sum to the satisfaction of the CJM Mungeli 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