The High Court of Chhattisgarh rejected a bail application under Section 439 CrPC filed by Peel Singh Kanwar. The court considered the nature of the excise offense, quantity of liquor seized, and the applicant's three prior criminal antecedents in the same year.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC NO. 5267 of 2015
Peel Singh Kanwar S/o Santosh Singh Kanwar, Aged about 41 years, Resident of village-Amali, Police Sttion-Kota, District-Bilaspur (CG)
---Applicant
Versus
State of Chhattisgarh Through its, Police Station-Kota, District-Bilaspur (CG)
---Non-applicant
For Applicant : Mr. Ravi Maheshwari, Advocate For Non-applicant : Mr. Ashutosh Pandey, Panel Lawyer
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
05/10/2015
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.315/2015, registered at Police Station-Kota, Distt. Bilaspur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. After hearing learned counsel appearing for the parties and taking into consideration the nature and gravity of offence; quantity of liquor i.e. 15 bulk liters seized from the applicant; three criminal antecedents as the applicant is involved in three excise offences in the year 2015 itself and further taking into consideration the provisions contained in Section 59-A(ii) of the Chhattisgarh Excise Act, this Court is not inclined to release the applicant on regular bail.
3. Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.
4. Certified copy as per rules.
Sd/-
(Sanjay K. Agrawal)
JUDGE
B/-
2 issues framed by the court
Whether bail should be granted to the applicant accused of excise offenses.
Whether the nature of offense and criminal antecedents justify detention.
3 provisions across 2 enactments
Peel Singh Kanwar
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
