Chattisgarh High Court
Sonsai vs State Of Chhattisgarh on 10 May, 2017
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2647 of 2017
Sonsai S/o Mahetaru Aged About 38 Years R/o Village Kodwabani,
Police Station Lalpur, Tahsil & District Mungeli, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Lalpur, District- Mungeli,
CG.
---- Respondent
For applicant Mr. F.S. Khare, Adv. For Respondent/State Mr. Anant Bajpai, PL.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 10/05/2017
1. Heard finally.
2. The applicant has preferred this application for grant of bail as he is arrested on 6-4-2017 in connection with Crime No. 71/2017 registered in PS Lalpur, Civil Distt. Bilaspur for offence punishable under Section 34 sub-section (1), Section 34 sub-section (2) and Section 59(a) of the CG Excise Act.
3. Learned counsel for the applicant submits that charge sheet is not filed, the applicant is remanded by the CJM Mungeli. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time. As per allegation, 6.660 bulk litre country liquor has been seized from the conscious possession of the applicant without any licence or permission. Therefore, the applicant may be enlarged on bail.
4. Per contra, learned State counsel opposes the bail application and submits that earlier Crime No. 124/2014 under Section 294, 323, 506, 34 of the IPC has been registered against the applicant which shows the conduct of the applicant hence instant MCRC may be dismissed. 2
5. Perused the matter.
6. On due consideration, as the applicant is in jail since 1 month 4 days, he was not involved in similar offence earlier, looking to the quantity of the liquor so seized i.e. 6.660 bulk litre, though earlier aforementioned crime has been registered against him but as submitted he will not commit any crime in future, 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. 25,000/- with one solvent surety of the like sum to the satisfaction of the CJM Mungeli 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. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation.
8. CC as per rules.
Sd/-
(Chandra Bhushan Bajpai) Judge Pathak