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Showing contexts for: cg excise act in Smt. Laxmi Nag vs State Of Chhattisgarh on 31 August, 2017Matching Fragments
For applicant Mr. Praveen Dhurandhar, Adv.
For Respondent/State Mr. Neeraj Mehta, Panel Lawyer.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 31-8-2017
1. Heard finally.
2. The applicant has preferred this application for grant of bail as he is arrested on 13-7-2017 in connection with Crime No. 55/2017 registered in PS Sukma Civil Distt. South Bastar, Dantewara (CG) for offence punishable under Section 34 sub- section (2) of the CG Excise Act, 1915.
9. On perusal of the said order, it is surfaced that the concerned Additional Sessions Judge held that as co-accused Mutling Gota is a member of the Scheduled Tribe hence as per second proviso of Section 59-A of the CG Excise Act, 1915, the offence against him is bailable one.
10. To examine this legal proposition, provisions of Section 34 sub- section (1)(a), (b), Section 34 sub-section (2) and its proviso, Section 59A of the CG Excise Act are relevant and applicable which are reproduced hereinbelow :-