Manharan Kewat Kaiwart v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.5676 of 2017 • Manharan Kewat (Kaiwart) S/o Kheduram Kewat, Aged About 45 Years R/o Village Pisid, Police Station Kasdol, District Baloda Bazar Bhatapara, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Kasdol, District Baloda Bazar Bhatapara, Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------- For Applicant : Shri Anil Gulati, Advocate For Respondent/State : Shri Sumit Jhawar, Panel Lawyer ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 19.9.2017 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 No.310/2017 registered in Police Station Kasdol, Distt. Baloda Bazar-Bhatapara (CG) 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 17.8.2017, charge sheet is not yet filed and the applicant has been remanded by Chief Judicial Magistrate, Baloda Bazar. As per the allegation, from the possession of applicant, 6.660 bulk liter foreign liquor has been seized. Learned counsel for the applicant submits that the applicant 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 on behalf of the applicant though fairly submits that there is no criminal antecedent reported against the applicant.
5.
Perused the entire material.
6.
The applicant is in custody for one month and two days, charge sheet is not yet filed, the trial may take some time for its conclusion, as submitted, he will not commit any offence in future, upon consideration of the entire facts, I am inclined to grant one last 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 like sum amount to the satisfaction of Chief Judicial Magistrate, Baloda Bazar 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; 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 the above, the Court below may proceed further under the provisions of law, under intimation.
Certified copy as per rules.
Sd/- (Chandra Bhushan Bajpai) JUDGE Bini