Vijay Verma @ Pappu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5503 of 2017 Vijay Verma @ Pappu S/o Late Dashrath Lal Verma, Aged About 39 Years ( As Per Charge Sheet ), R/o Kailash Nagar Titurdih, Durg, Tehsil And District Durg, Chhattisgarh.

----Applicant

Versus

State Of Chhattisgarh Through District Magistrate, Durg, District Durg (Chhattisgarh).

---- Respondent For Applicant :

Shri Avinash Chand Sahu, Advocate For State :

Ms. Sunita Jain, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/11/2017 Heard.

1. The applicant has been arrested in connection with Crime No.108 of 2017 registered in Police Station- Utai, District- Durg (C.G.) for alleged commission of offence under Section 34 (2) of the C.G. Excise Act.

2. Case of the prosecution, in brief, is that from the possession of the applicants, 1537 bulk litres of foreign liquor was seized.

3. Learned counsel for the applicant would submit that a false seizure has been made. The applicant was not possessed of any such quantity of liquor. It is next submitted that the applicant is in jail since 12.5.2017, investigation is complete and charge sheet has also been filed and trial has not been concluded. It is lastly submitted that the applicant is not likely to abscond, therefore, he may be released on bail by securing his presence by imposing appropriate condition.

4. On the other hand, learned counsel for the State would submit that looking to the huge quantity of liquor found from the possession of the applicant, a

-2prima facie case is made out.

5. Taking into consideration the submissions made by learned counsel for the parties, particularly taking into consideration the maximum jail sentence which could awarded for alleged commission of offence, considering that the applicant is in jail since 12.5.2017, investigation is complete, charge has been filed and the applicant is not in a position to abscond, I am inclined to allow the application.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court, with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen