Mohammad Yusuf v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4419 of 2017 • Mohammad Yusuf S/o Mohammad Yunus, Aged About 38 Years, R/o Dhooma Bypass Road Sirgitti, Police Station Sirgitti Tahsil & District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through S. H. O. Police Station Sirgitti, Bilaspur District Bilaspur Chhattisgarh ---- Non-applicant For Applicant - Shri Dheerendra Pandey, Advocate. For Non-applicant/State - Shri Vinod Tekam, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 09-08-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.180/2017 on 31-5-2017 by P.S. Sirgitti, Bilaspur, District Bilaspur C.G. for the offence under Section 34(2) of the C.G. Excise Act, 1915. After investigation charge sheet has been filed, which is pending before the JMFC Bilaspur, C.G. as Criminal Case No.2309/2017. Learned counsel for the applicant would also submit that the applicant is first offender. He will not commit any offence in future. As per the allegation, 7.530 bulk liter country liquor has been seized from the applicant. He may be granted bail till trial.

3.

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

Perused the entire material.

5.

As the applicant is in custody since 2 months and 10 days till date, charge sheet has been filed, trial may take some time, the applicant is first

-2offender with no criminal antecedent, looking to 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 instant MCRC is hereby 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 Judicial Magistrate First Class Bilaspur, 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