Aasharam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5163 of 2017 Aasharam S/o Keshavram Aged About 35 Years Cast Satnami R/o Village Turidih Thana Patewa Tahsil And District Mahasamund CG. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Patewa, District Mahasamund Chhattisgarh.

---- Respondent For applicant Mr. Vikas Pradhan, Adv.

For Respondent/State Mr. Vasim Miyan, PL.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 29-81. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 25-6-2017 in connection with Crime No. 80/2017 registered in PS Patewa, Distt. Mahasamund 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 Mahasamund as Cr. Case No. S-1521/2017. This is his first bail application before this Court. He is first offender. As per allegation, 6.270 bulk litre foreign liquor and country 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 arguments advanced on behalf of the applicant on the basis of the quantity of the liquor so seized from the applicant. He further submits that earlier Crime No. 11/2016 under Section 34 sub-section (1)(a) of the CG Excise Act, 1915 and Crime No. 232/2016 under Section 294, 506 of the IPC has

been registered against the applicant hence instant MCRC may be dismissed.

5. Perused the matter.

6. As the applicant is in jail since 2 months and 4 days till date, charge sheet has been filed, trial may take some time, though earlier two matters as aforementioned have been registered against the applicant, but as out of them one is bailable and as submitted he will not commit any crime in future and 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. 30,000/- with one solvent surety of the like sum to the satisfaction of the CJM Mahasamund 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. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation.

8. CC as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak