Vinod Kamar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.5872 of 2017 • Vinod Kamar S/o Ramji Kamar Aged About 35 Years Occupation Labourer , R/o Village Mohadi ( Belora) Tahsil Magarlod, District Dhamtari Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through The Station House Officer Police Station Magarlod , District Dhamtari Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------- For Applicants : Shri Sanjeev Kumar Sahu, Advocate For Respondent/State : Shri Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 10.10.2017 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.175/2017 registered in Police Station Magarlod, Distt. Dhamtari (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Exicse Act, 1915. 3.
Learned counsel for the applicant submits that the applicant has been arrested on 02.9.2017, after investigation, police has filed charge sheet which is presently pending before Chief Judicial Magistrate, Dhamtari as Criminal Case No.436/17. As per the allegation, 51 bulk liters of country made liquor has been seized from the possession of the applicant. 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 during the trial.
4.
Per contra, learned counsel for the respondent/State opposed the arguments advanced on behalf of the applicant on the basis of huge quantity of liquor so seized from 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 eight days, charge sheet has been filed, there is no criminal past reported against the applicant, the trial may take some time for its conclusion, though the quantity of liquor so seized is on higher side, but considering the other 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.1,00,000/- with two separate solvent sureties of Rs. 50,000/- to the satisfaction of trial Judge 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.
10.
It is further directed that till the conclusion of the trial, present applicant shall mark his appearance before the Station House Officer/IO, Police Station Magarload, Distt. Dhamtari (CG) on First and Third Monday of every month at 11.00 am. It is further made clear that if the applicant fails to do so, the concerned police may inform the trial Court for the act and if his non appearance found to be without any proper and cogent reason, the instant order granting bail to the applicant shall automatically be cancelled by the trial Court without further reference to the Bench, under intimation.
11.
Registrar (Judl.) is further directed to send a copy of the order to the concerned trial Judge and also to provide a copy of the order to the respondent/State for placing it with the case diary to be returned to the concerned police for compliance and information.
Certified copy as per rules.
Sd/- (Chandra Bhushan Bajpai) JUDGE Bini