Hemin Bai Pachbiye v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4190 of 2017 • Hemin Bai Pachbiye W/o Nagesh Kumar Pachbiye, Aged About 41 Years R/o Village Keshodor, Police Station & Post Office - Gariyaband, District Gariyaband Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Gariyaband, District Gariyaband Chhattisgarh ---- Respondent For Applicant : Shri Shivendu Pandya, Advocate For Respondent/State : Shri UKS Chandel, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 27.7.2017 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.102/2017 registered in Police Station Gariyaband, Distt. Gariyaband (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 3.
Learned counsel for the applicant submits that the applicant has been arrested on 05.6.2017, after investigation police has filed charge sheet which is pending before Chief Judicial Magistrate, Gariyaband as Criminal Case No.807/17. As per the allegation, the applicant was found in illegal possession of 20 bulk liters of hand made liquor along with Rs.200/- as sale proceeds.
She is the first offender, she will not commit any offence in future, the trial may take sometime for its conclusion, hence she may be granted bail.
4.
Per contra, learned counsel for the State opposes the arguments advanced on behalf of the applicant on the basis of the quantity of liquor so seized from the applicant but fairly submits that there is no criminal antecedent reported against the applicant prior to the incident.
5.
Perused the entire material.
6.
The applicant, a lady, is in custody for one month and twenty two days, charge sheet has been filed, the trial may take sometime for its conclusion, though the quantity of liquor so seized is on higher side, but considering the entire facts and circumstances of the case, I am inclined to grant bail to the applicant.
7.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
8.
It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- with two separate solvent sureties of Rs. 25,000/- to the satisfaction of the concerned trial Judge for her 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 Cort 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