Allowed

Sahabo As Per Cause Title Of Rejection Order Sagar v. State Of Chhattisgarh

Chhattisgarh HC1 Oct 2015MCRC/5231/2015

Case brief

AI extract

What is this about?

In an application under Section 439 CrPC for regular bail, the High Court allowed the plea. Considering no criminal antecedents, first offense status, and the nature of the offense involving 6 bulk liters of illicit liquor, the court released the applicant on a personal bond of Rs. 25,000 with one surety.

What did the court decide?

Regular bail granted by furnishing a personal bond in the sum of Rs. 25,000 with one surety in the like sum.

Sahabo As Per Cause Title Of Rejection… — Pension and Retirement Benefits | Chhattisgarh HC (2015)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C.No.5231 of 2015

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Sahabo (As per cause title of rejection order) Sagar, Sahebo (As per 4^th para of the rejection order) Sagar, Son of Ghasiram Sagar, aged about 60 years, Caste Ganda, Resident of Village Dhamankhutkuri, Thana Basna, Civil & Revenue District Mahasamund (CG)

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---Applicant

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Versus

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State of Chhattisgarh through Police Station Basna, Civil & Revenue District Mahasamund (CG)

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---Non-applicant

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For Applicant : Mr. Sunil Verma, Advocate For Non-applicant : Mr. S. Awasthy, Panel Lawyer

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Hon’ble Shri Justice Sanjay K. Agrawal

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Order on Board

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01/10/2015

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1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.233 of 2015, registered at Police Station-Basna, District Mahasamund (CG), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

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2. Case of the prosecution, in brief, is that, 6 bulk liters of illicit liquor was seized by the police from the present applicant.

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3. Learned counsel for the applicant submits that the applicant is in custody from 13.8.2015. He further submits that the applicant has falsely been implicated in the case, and therefore, he may be released on bail.

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4. On the other hand, learned counsel for the State opposes the bail

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application.

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5. I have heard counsel appearing for the parties and perused the case diary.

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6. Taking into consideration the condition incorporated in Section 59A(ii) of the C.G. Excise Act, 1915, and bearing in mind the principles of law laid down in Banti Singh v. State of Chhattisgarh (M.Cr.C. No.6846 of 2014, decided on 05.01.2015), if the facts of present case are examined, it is apparent that there is no criminal antecedent of the present applicant and only 6 bulk liters of illicit liquor has been seized from him which is more than prescribed limit of 5 bulk liters, but looking to the fact that it is first offence of the applicant and he is in custody from 13.8.2015 and case is triable by the Judicial Magistrate First Class and trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicant that he has falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

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7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed, the applicant shall be released on bail, subject to following conditions:

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That, the applicant shall furnish a specific undertaking that while on bail, he will not commit any excise offence, otherwise bail granted to him shall be liable to be cancelled and shall co-operate the prosecution during trial.

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That, the accused/applicant shall make himself available for

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interrogation before the concerned Investigating Officer as and when required and the accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

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That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

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8. Certified copy as per rules.

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Sd/-

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(Sanjay K. Agrawal) JUDGE

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B/-

Sahabo As Per Cause Title Of Rejection Order Sagar v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sahabo As Per Cause Title Of Rejection Order Sagar v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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