Santram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5801 of 2017 • Santram, S/o Ghunuram, Aged About 33 Years, Cast Dhobi, R/o Village Chainpur, Police Station Dipka, District Korba Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through The Excise Circle Darri Gevra, District Korba Chhattisgarh.

---- Respondent For Applicant : Shri Vikash Pandey, Advocate For Respondent/State : Shri Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 26.09.2017 Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant has been arrested in connection with Crime (Excise) No.25/17 on 23/08/2017, Invesitgating Agency Excise Circle, Distt. Korba, (C.G.) for the offence under Section 34(2) of the Chhattisgarh Excise Act, 1915.

3.

Learned counsel for the applicant would submit that chargesheet is not filed, applicant is remanded by Judicial Magistrate First Class, Katghora, Distt. Korba, (C.G.). Learned counsel for the applicant would submit that applicant is the first offender and he will not commit any offence in future. As per allegation, from the applicant 6 bulk litre handmade country liquor has been seized, trial may take some time, he may be granted on bail till trial.

4.

Per Contra, learned counsel for the respondent/State opposes the arguments advanced on behalf of the applicant, on the basis of quantity of liquor so seized, though fairly considered that there is no criminal antecedent of the applicant.

5.

Perused the entire matter.

6.

As the applicant is the first offender, he is in custody since 1 month and 4 days till date, charge-sheet is not yet filed, trial may take some time and there is no criminal antecedent reported against the applicant, on due consideration of the entire facts, I am inclined to grant one opportunity to the applicant so that he shall not commit any offence in future and shall remain peacefully in the society without committing any crime.

7.

Consequently, the instant MCRC is allowed.

8.

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 like some amount to the satisfaction of Judicial Magistrate, Katghora, Distt. Korba (C.G.) for his appearance before the said Court regularly as and when directed by the said Court. 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 Deeptijha