Sucha Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5091 of 2017 Sucha Singh S/o Shri Swarn Singh Aged About 42 Years R/o Village Deenapur, Gurdaspur, At Present Amarjit Daba, Kurmapali, Police Station Kotara Road, Tahsil & District Raigarh, Civil And Revenue District Raigarh Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Kotara Road, District Raigarh Chhattisgarh.
---- Respondent For applicant Mr. Manoj Kumar Sinha, Adv.
For Respondent/State Mr. Neeraj Mehta, PL.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 28-81. Heard finally.
2. The applicant has preferred this application for grant of bail as he is arrested on 21-7-2017 in connection with Crime No. 137/2017 registered in PS Kotara Road, Distt. Raigarh (CG) for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.
3. Learned counsel for the applicant submits that after investigation charge sheet has been filed and the same is pending before the CJM Raigarh as Cr. Case No. 483/2017. This is his first bail application before this Court. He is first offender. As per allegation, 17.870 bulk litre country liquor and foreign liquor has been seized from the conscious possession of the applicant. 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 in the matter. 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 7 days till date, charge sheet has been filed, trial may take some time, and as submitted he will not commit any crime in future, though quantity of liquor so seized is on higher side but considering entire facts of the case, 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 Raigarh 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 Kotara Road, Distt. Raigarh 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 held 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