Shankar Lal Patel And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.
No.
of 201
1. Shanker Lal Patel, S/o Bono Ram Patel, aged about 40 years, occupation labourer.
2. Santosh Patel, S/o Tirith Ram, aged about 33 years, occupation labourer Both are R/o Bhainapara, Police Station Kharsiya, Tahsil Kharsiya, District Raigarh (C.G.) ---- Applicants
Versus
State of Chhattisgarh, Through: Station House Officer, Police Station Kharsiya, District Raigarh (C.G.) ---- Non-applicant For Applicants : Mr. Abhishek Saraf, Advocate. For Non-applicant/State : Mr. Aditya Sharma, PL Hon'ble Shri Justice Sanjay K. Agrawal Order On Board / 1 2 /201 Heard.
(1) The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 535/2017 registered at Police Station Kharsiya, District - Raigarh (C.G.) for the offences punishable under Sections 34(2) & 59(A) of the Chhattisgarh Excise Act. (2) Case of the prosecution, in brief, is that 08 bulk liters of illicit liquor was seized by the police from the present applicants. (3) Learned counsel for the applicants submits that the applicants
have been falsely implicated in the crime in question as they have not committed any offence. He further submits that the as the applicants are in custody since 09.11.2017 and the trial is likely to take some time for its final disposal, they may be released on bail. (4) On the other hand, learned counsel for the State opposes the bail application.
(5) I have heard the counsel appearing for the parties and perused the case diary.
(6) Taking into consideration the condition incorporated in Section 59A(ii) of the C.G. Excise Act, 1915, and bearing in mind the principles of law laid down in Banti Singh v. State of Chhattisgarh (M.Cr.C. No.6846 of 2014, decided on 05.01.2015), if the facts of present case are examined, it is apparent that only 08 bulk liters of illicit liquor has been seized from them which is more than prescribed limit of 5 bulk liters, but looking to the fact that the applicants are in custody since 09.11.
2017, case is triable by the Judicial Magistrate First Class, trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicants that they have falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail. (7) Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that on furnishing a personal bond in the sum of Rs.
on bail, they will not commit any excise offence, otherwise bail granted to them shall be liable to be cancelled and shall cooperate with the investigation/trial. • That, the accused/applicants shall make themselves available for interrogation before the concerned Investigating Officer as and when required and the accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. • That, the accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Certified copy, as per rules.
Sd/- (Sanjay K. Agrawal) Judge D/-