Santosh Yadav v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4718 of 2017 • Santosh Yadav S/o Shri Ratram Yadav, Aged About 23 Years Occupation Labour, R/o Village- Kapudih Thana &n TahsilSaraypali, Civil & Revenue District- Mahasamund, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station Saraypali, Civil & Revenue District Mahasamund, Chhattisgarh.
---- Respondent For Applicant : Shri Sunil Sahu, Advocate For Respondent/State : Shri Ashok Swarnkar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 17.8.2017 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.105/2017 registered at Police Station Saraipali, Distt. Mahasamund (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 03.4.2017, after investigation, police has filed charge sheet which is pending before Chief Judicial Magistrate, Mahasamund as Criminal Case No.S-116/17. As per the allegation, from the possession of the applicant 36 bulk liter country made liquor has been seized. Learned counsel for the applicant submits that the
applicant is the first offender, he will not commit any offence in future, as the trial may take some time for its conclusion, he may be granted bail during trial.
4.
Per contra, learned counsel for the State opposed the arguments advanced on behalf of the applicant on the basis of huge quantity of liquor seized from the possession of the applicant. 5.
Perused the entire material.
6.
The applicant is in jail for four months and fourteen days, charge sheet has been filed, the trial may take some time for its conclusion, there is no criminal antecedent reported against the applicant, though the quantity of liquor so seized is on higher side, but considering the entire facts, I am inclined to grant one opportunity to the applicant so that he will not commit any offence in future and shall remain peacefully in the society. 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 Chief Judicial Magistrate, Mahasamund 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.
10.
It is further directed that till the conclusion of the trial, present applicant shall mark his appearance before the Station House Officer/IO, Police Station Saraipali, Distt. Mahasamund on First and Third Monday of every month at 11.00 am. It is further made clear that if the applicant without any cogent and proper reason does not appear before the Police of Police Station Saraipali, Distt. Mahasamund as directed, the concerned police may inform the trial Court for the act and if his non appearance found to be without any proper and cogent reason, the instant order granting bail to the applicant shall automatically be cancelled by the trial Court without further reference to the Bench, under intimation. 11.
Registrar (Judl.) is further directed to send a copy of the order to the concerned trial Judge and also to provide a copy of the order to the respondent/State for placing it with the case diary to be returned to the concerned police for compliance and information. Certified copy as per rules.
Sd/- (Chandra Bhushan Bajpai) JUDGE Bini