Premlal Kandra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4895 of 2017 • Premlal Kandra S/o Chatur, Aged About 50 Years, R/o Kandra Para, Ward No. 22, Dongargarh District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through the Police Station Dongargarh District Rajnandgaon, Chhattisgarh.

---- Non-applicant For Applicant - Shri S.S.Baghel, Advocate.

For Non-applicant/State - Shri Arvind Shukla, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 22-08-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.206/2017 on 08-7-2017 by P.S. Dongargarh District Rajnandgaon, Chhattisgarh for the offence under Section 34(2) of the C.G. Excise Act, 1915. Charge sheet has not yet been filed, the applicant is remanded by the CJM Rajnandgaon. Learned counsel for the applicant would further submit that the applicant is first offender, the applicant will not commit any offence in future and as per the allegation, 5.400 bulk liter liquor has been seized from the applicant along with Rs.700/- cash as sale proceeds. He may be granted one opportunity to remain in bail during trial. 3.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant on the basis of liquor so seized from the applicant, though fairly conceded that the applicant had no criminal antecedent prior to the incident.

4.

Perused the entire material.

5.

As the applicant is in custody since 1 month and 14 days till date,

-2charge sheet has not yet been filed, trial may take some time, the applicant is first offender, after 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 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.25,000/- with one solvent surety of the like sum to the satisfaction of the Chief Judicial Magistrate Rajnandgaon, 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