Chattisgarh High Court
Homesh Kumar Dadsena vs State Of Chhattisgarh on 6 October, 2023
Author: Ramesh Sinha
Bench: Ramesh Sinha
Neutral Citation
2023:CGHC:24528
1
NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
MCRC No. 6948 of 2023
Homesh Kumar Dadsena S/o Himmat Lal Dadsena Aged About 24 Years
R/o Village Perkod, Police Station Khariyay Road Jonk, District Nuwapada
(Odisa).
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Excise
State Level Flying Squad, Raipur, (Through Excise Circle, Bagbahara,
District Mahasamund), District : Raipur, Chhattisgarh.
---- Non-applicant
(Cause Title taken from Case Information System)
For Applicant : Mr. Arun Kumar Shukla, Advocate
For Non-Applicant : Mr. Chandresh Shrivastava, Additional
Advocate General
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
06/10/2023
1.This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 145 of 2023 registered at Police Station - Excise State Level Flying Squad, Raipur, through Excise Cirecle, Bagbahara, District- Mahasamund (C.G.), for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Neutral Citation 2023:CGHC:24528 2 Act, 1915.
2. Case of the prosecution, in brief is that during the patrolling of the police of Police Station Excise State Level Flying Squad, Raipur, through Excise Cricle, Bagbahara, District- Mahasamund has registered a case under Section 34(2) of CG Excise Act against the applicant alleging that he has kept 31.4 Bulk liters of Zebra brand country made liquor made in Orisa in his possession which has been seized and thereafter, the police has registered the offence punishable under Section 34(2) of the Excise Act against the present applicant.
3. It has been argued by the learned counsel for the applicant that the applicant is falsely implicated in this case. He submits that from the possession of the present applicant only 31.4 of Zebra brand country made liquor made in Orisa has been seized. He also submits that the applicant is in jail since 05.09.2023. He further submits that under Section 34 (2) of the Excise Act, minimum punishment is one year and maximum punishment is three years, therefore, it is prayed that the applicant may be granted of bail.
4. On the other hand, learned State counsel, opposed the bail application and however, he fairly submits that the applicant has no criminal antecedents under the Excise Act.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, Neutral Citation 2023:CGHC:24528 3 particularly, the fact that the applicant has no antecedent under the Excise Act, he is in jail since 05.09.2023 conclusion of trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Let applicant- Homesh Kumar Dadsena involved in Crime No. 145 of 2023 registered at Police Station - Excise State Level Flying Squad, Raipur, through Excise Cirecle, Bagbahara, District- Mahasamund (C.G.), be released on bail on him furnishing a personal bond with two local sureties to the applicant in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C.
is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174- A of the Indian Penal Code.
Neutral Citation 2023:CGHC:24528 4
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment.
8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
amita