Sanjay Samundre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4105 of 2017 • Sanjay Samundre S/o Laxman Samundre, Aged About 39 Years R/o Ward No. 8, Manendragarh, Police Station Tehsil Manendragarh, District Koria, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Out Post, Police Station Manendragarh, Chhattisgarh.

---- Respondent For Applicant : Shri HS Ahluwalia, Advocate For Respondent/State : Shri Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 25.7.2017 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.173/2017 registered in Police Station Manendragarh, Distt. Koria (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 3.

Learned counsel for the applicant submits that applicant has been arrested on 30.5.2017, after investigation, concerned police has filed charge sheet which is pending before Judicial Magistrate First Class, Manendragarh as Criminal Case No.309/2017. As per the allegation, 6.00 bulk liters of hand made liquor has been seized from the possession of the applicant.

4.

Per contra, learned counsel for the State opposed the arguments advanced on behalf of applicant and would fairly submit that there is no criminal antecedent reported against the applicant. 5.

Perused the entire material.

6.

The applicant is in custody for one month and twenty seven days, the trial may take sometime for its conclusion, he is the first offender, and considering the other facts, I am inclined to grant one opportunity to the applicant so that he shall not involve himself in any other crime and shall remain peacefully in the society. 7.

Accordingly, the bail application filed on behalf of applicant under Section 439 of the Cr.P.C. is hereby allowed. 8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety of like sum amount to the satisfaction of the Judicial Magistrate First Class, Manendragarh 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 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 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