Bhisma Dev Sinha v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4937 of 2017 Bhisma Dev Sinha S/o Mahesh Ram Sinha, Aged About 30 Years Caste Kalar, R/o Village Kokpur, Thana Dongargaon, Civil And Revenue District Rajnandgaon (Chhattisgarh).
---- Applicant
Versus
State Of Chhattisgarh Through The Police Station Ambagarh Chowki, Civil And Revenue District Rajnandgaon (Chhattisgarh). ---- Respondent For applicant Mr. Punit Ruparel, Adv.
For Respondent/State Mr. Vasim Miyan, Panel Lawyer.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 22-81. Heard finally.
2. The applicant has preferred this application for grant of bail as he is arrested on 18-7-2017 in connection with Crime No. 144/2017 registered in PS Ambagarh Chowki, Rajnandgaon (CG) for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.
3. Learned counsel for the applicant submits that charge sheet is not yet filed and the case is remanded by the CJM Rajnandgaon. This is his first bail application before this Court. He is first offender. As per allegation, the applicant was carrying 18 bulk litre country liquor in a Bolero vehicle bearing Registration No. CG 08 AB 4189. When police stopped the vehicle he left the vehicle and the liquor and fled away from the spot. Thereafter he was arrested on 18-7-2017. Police duly seized the vehicle and the liquor. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time.
4. Per contra, learned State counsel opposes the bail application on the basis of quantity of the liquor so seized and the conduct of the applicant. However he fairly conceded that no criminal antecedent of the applicant is reported by the police in the case diary.
5. Perused the matter.
6. As the applicant is the first offender, he is in jail since 1 month and 4 days till date, charge sheet is not filed, trial may take some time, on consideration of entire facts and further as submitted he will not commit any crime in future, I am inclined to grant one opportunity to the applicant to live peacefully in the society without committing any crime. Consequently, instant MCRC is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with two solvent sureties each of Rs. 25,000/- to the satisfaction of the CJM Rajnandgaon CG for his appearance before the said Court regularly as and when directed by the said Court.
7. 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: (iv) the trial Court finds that the applicant remains absent without any sufficient and cogent reason. The applicant is further directed to appear before the concerned SHO/IO/in-charge of the Police
Station Ambagarh Chowki, Rajnandgaon (CG) on every 1st and 3rd Monday at 11 am positively till trial. If the applicant fails to do so, concerned police may intimate the trial Court and if the trial Court holds that the applicant remains absent without any cogent and proper reason as directed, the bail granted to applicant shall stand cancelled by the trial Court without further reference to the bench under intimation. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation.
8. Registrar (Judicial) is directed to send a copy of this order to the concerned trial Judge and also to provide a copy of the order to the non-applicant/State for placing it with the case diary to be returned to the concerned police for compliance and information.
9. CC as per rules.
Sd/- (Chandra Bhushan Bajpai) Judge Pathak