Bhanwarlal Chandak Maheshwari v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4134 of 2017 • Bhanwarlal Chandak (Maheshwari ) S/o Udayram Chandak, Aged About 38 Years, R/o Moti Talabpara, Police Station City Kotwali Jagdalpur, District Bastar, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station City Kotwali Jagdalpur, District Bastar, Chhattisgarh.

---- Non-applicant For Applicant - Shri Pravin Kumar Tulsyan, Advocate. For Non-applicant/State - Shri Sumit Jhanwar, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 25-07-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.209/2017 on 03-06-2017 by P.S. City Kotwali Jagdalpur, District Bastar, C.G. for the offence under Section 34(2) of the C.G. Excise Act, 1915. After investigation police had filed the charge sheet which is pending before the CJM Jagdalpur, C.G. as Criminal Case No.437/17. As per the allegation, 5.400 bulk liter foreign liquor has been seized from the applicant. He will not commit any offence in future. The applicant is first offender. Trial may take some time. He may be granted bail during trial. 3.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant, though fairly conceded that there is no any earlier criminal antecedent of the applicant. 4.

Perused the entire material.

5.

As the applicant is in custody for since 1 month and 22 days till date, charge sheet has been filed, trial may take some time, the applicant is first offender with no criminal antecedent, on consideration of the entire facts, I am inclined to grant one opportunity to the applicant so that he shall not involve himself in any offence and shall live peacefully in society. Consequently, the

-2instant MCRC is hereby allowed. The applicant is directed to 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 CJM Jagdalpur, C.G. for his appearance before the said Court as and when directed till trial. 6.

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 above, the Court below may proceed further under the provisions of law under intimation. 7.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Aadil