Jain Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5766 of 2017 • Jain Singh S/o Shankar Lal, Aged About 28 Years R/o Dhobedand, Police Station Mohla, District Rajnandgaon Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through Police Station Mohla, District Rajnandgaon Chhattisgarh.
---- Non-applicant _________________________________________________________ For Applicant : Shri S.S. Baghel, Advocate.
For Respondent/State : Shri Sumit Jhawar, Panel Lawyer.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 25.09.2017 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 No. 82/2017 registered in Police Station Mohla, District Rajnandgaon 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 28.08.2017. Charge-sheet is
not yet filed, the applicant has been remanded by Chief Judicial Magistrate Rajnandgaon C.G. As per allegation, 25 bulk liters of handmade Country liquor has been seized from 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 State opposed the arguments advanced on behalf of the applicant, on the basis of quantity liquor so seized, though fairly considered that there is no criminal antecedent reported against the applicant. 5.
Perused the entire material.
6.
The applicant is in custody since last 29 days, charge sheet is not yet filed, he is the first offender, the trial may take some time. 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. 50,000/- with two solvent sureties each of Rs. 25,000/- to the satisfaction of Chief Judicial Magistrate, Rajnandgoan, 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.
The applicant is further directed to appear before the concerned SHO/IO/in-charge of the Police Station Mohla, District Rajnandgaon, C.G., on every 1st and 3rd Monday of every month 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 reason and proper reason as directed, the bail granted to applicant shall stand concelled 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. 11.
Certified Copy as per rules.
Sd/- (Chandra Bhushan Bajpai) Judge Pawan