Chattisgarh High Court
Ramkumar Dhiwar And Anr vs State Of Chhattisgarh 22 ... on 11 October, 2018
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7638 of 2018
1. Ramkumar Dhiwar, aged about 35 years, S/o Late Pardesiram
Dhiwar, R/o Village And Post Mohadi, Police Station Dharsinwa,
District Raipur Chhattisgarh.
2. Chetan Dhiwar, aged about 23 Years, S/o Krishna Dhiwar, R/o
Village And Post Mohadi, Police Station Dharsinwa, District
Raipur Chhattisgarh.
---- Applicants
Versus
State Of Chhattisgarh Through The Station House Officer, Police
Station Dharsinwa, District Raipur Chhattisgarh.
---- Respondent
For Applicants Shri Pradeep Singh Rathore, Advocate. For State Shri Garry Mukopadhyay, G.A. Hon'ble Shri Justice Gautam Chourdiya Order On Board 11/10/2018 The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 23.09.2018 in connection with Crime No.380/2018 registered in Police Station- Dharsinwa, District Raipur C.G. for the offence punishable under Section 34 (2) of the CG Excise Act.
Allegation against the applicant is that he was found in illegal possession of 5.400 bulk liters of country-made liquor.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 23.09.2018, the offence is triable by 2 the Magistrate and conclusion of trial is likely to take some time.
On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has no criminal antecedent.
Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of liquor, the detention period of the applicant and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- each with one surety for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial.
It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.
Certified copy today itself.
Sd/-
(Gautam Chourdiya) JUDGE Akhilesh