Chattisgarh High Court
Indra Jangde vs State Of Chhattisgarh on 21 August, 2017
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5155 of 2017
Indra Jangde S/o Sukhchand Jangde, Aged About 40 Years R/o
Village Murkuta,, Police Station Navagarh, District Bemetara
Chhattisgarh.
---- Petitioner
Versus
State Of Chhattisgarh Through The Station House Officer Police
Station Navagarh, District Bemetara Chhattisgarh.
---- Respondent
For Applicant Mr. Sanjay Agarwal, Advocate For Respondent /State Mr. R. Tripathi, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/8/2017
1. Heard.
2. This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.68/2017 registered at Police Station Navagarh, District Bemetara (CG) for the offence under Section 34(2) of the Excise Act, for illegally possessing 45000 ml of country made liquor and 15840 ml. of foreign liquor.
3. The first bail application of the applicant was dismissed by this Court vide order dated 26.5.2017 passed in M.Cr.C. No.2694 of 2 2017, as withdrawn with liberty to move afresh after seeking instructions about the previous antecedents of the applicant.
4. The details of the previous cases have been mentioned in para 6 c of the bail application, from which, it is revealed that out of the four previous criminal cases against the applicant, first one has ended in acquittal; in second and third cases, he was imposed fine with imprisonment under the default clause; and the fourth case is still pending consideration before the JMFC, Bemetara.
5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case and considering the fact that the applicant is in jail since 1.4.2017, this Court is inclined to release him on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with two sureties for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. It is made clear that if the applicant involves himself in the offence of similar nature in future, this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.
6. Certified copy as per rules. Sd/-
Judge (Prashant Kumar Mishra) Shyna