Chainsingh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5094 of 2017 • Chainsingh S/o Dukhuram Gond, Aged About 45 Years, R/o Village Hitkasa, Thana Ambagarh Chauki, District Rajnandgaon (Chhattisgarh). ---- Applicant

Versus

• State Of Chhattisgarh Through Thana Ambagarh Chauki, District Rajnandgaon (Chhattisgarh).

---- Non-applicant For Applicant - Shri Samir Singh, Advocate.

For Non-applicant/State - Shri Sumit Jhanwar, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 28-08-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.158/2017 on 22-07-2017 by P.S. Ambagarh Chauki, District Rajnandgaon, Chhattisgarh for the offence under Section 34(2) of the C.G. Excise Act, 1915. The matter is still under investigation, charge sheet has not yet been filed, the applicant is remanded by JMFC Ambagarh Chauki, Distt. Rajnandgaon, C.G.. Learned counsel for the applicant would further submit that the applicant is first offender, he will not commit any offence in future and as per the allegation, from the applicant 8 bulk liter hand made country liquor has been seized. He may be granted bail during trial as the trial may take some time. 3.

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

4.

Perused the entire material.

-25.

As the applicant is in custody since 1 month and 6 days till date, charge sheet has not yet been filed, trial may take some time, the applicant is first offender with no criminal antecedent, on 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.40,000/- with one solvent surety of the like sum to the satisfaction of the Judicial Magistrate First Class Ambagarh Chauki Distt. Rajnandgaon, C.G./ Trial Court/ remand Court 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