Harendra Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5993 of 2017 Harendra Singh S/o Ramavtar, Aged About 39 Years R/o House No.278 Rampur Chhapar P. S. Rampur District Jabalpur, Madhy pradesh Present Address Ramagreen City Phase Il P. S. Sarkanda Bilaspur District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Excise Circle West Bilaspur, District Bilaspur, Chhattisgarh.

---- Respondent For applicant Mr. P.K. Tulsiyan, Adv.

For Respondent/State Mr. Vinod Tekam, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 11-101. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 5-9-2017 in connection with Crime No. (Excise) 54/2017, Investigating Agency - Excise Circle West Bilaspur, Distt. Bilaspur (CG) for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that charge sheet is not yet filed and the applicant is remanded by the CJM Bilaspur. This is his first bail application before this Court. He is first offender. As per allegation, 27 bulk litre foreign liquor along with one 2 wheeler bearing registration No. CG 10 AD- 0503 has been seized from the conscious possession of the applicant. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time.

4. Per contra, learned State counsel opposes the arguments advanced on behalf of the applicant on the basis of the huge quantity of the

liquor so seized from the applicant. However he fairly concedes that no criminal antecedent of the applicant is reported by the police in the case diary.

5. Perused the matter.

6. As the applicant is the first offender, he is in jail since 1 month and 6 days till date, charge sheet is not yet filed, trial may take some time, though quantity of liquor so seized is on higher side but as submitted he will not commit any crime in future and considering entire facts of the case, I am inclined to grant one opportunity to the applicant to live peacefully in the society without committing any crime. Consequently, instant MCRC is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with two solvent sureties each of Rs. 25,000/- to the satisfaction of the CJM Bilaspur CG for his appearance before the said Court regularly as and when directed by the said Court.

7. 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. The applicant is further directed to appear before the concerned in-charge of office of Excise Circle West Bilaspur (CG) on 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 and proper reason as directed, the bail granted to applicant shall stand cancelled 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.

8. Addl. Registrar (Judicial) is directed to send a copy of this order to the concerned trial Judge and also to provide a copy of the order to the non-applicant/State for placing it with the case diary to be returned to the concerned police for compliance and information.

9. CC as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak