Tejram Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5638 of 2017 • Tejram Sinha S/o Shri Kushalram Sinha Aged About 32 Years Caste Kalar R/o Village Dumarpali Ward No. 5, Police Station Khallari, Civil & Revenue District Mahasamund Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Excise Officer Excise Circle Mahasamund City Civil & Revenue District Mahasamund Chhattisgarh.

---- Non-applicant _________________________________________________________ For Applicant : Shri Sunil Sahu, Advocate.

For Respondent/State : Shri Ashok Swarnkar, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 14.09.2017 1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime (Excise) No. 31/2017, Investigating Agency Excise Circle Mahasamund C.G., for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act 1915.

3.

Learned counsel for the applicant submits that the applicant has been arrested on 15.08.2017. Charge-sheet has been filed, which is pending before Chief Judicial Magistrate

Mahasamund, C.G., the learned counsel is not aware to Criminal Case Number. As per allegation, 6 bulk liters handmade Country liquor has been seized from the possession of the applicant. He is the first offender, he will not commit any offence in future, as the trial may take some time for its conclusion, he may be granted bail.

4.

Per contra, learned counsel for the respondent/State opposed the arguments advanced of the applicant though fairly considered that there is no criminal antecedent of the applicant.

5.

Perused the entire material.

6.

The applicant is in custody for 31 days, charge-sheet has been filed he is the first offender, trial may take some time for its conclusion, on consideration of the entire facts. I am inclined to grant one opportunity to the applicant so that he will not commit any offence in future and shall remain peacefully in the society.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 30,000/- with one solvent surety of Rs. 30,000/- to the satisfaction of Chief Judicial Miagistrate, Mahasamund, (C,G.), for his appearance before the said Court as and when directed.

9.

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.

10.

Certified Copy as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pawan