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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 :-