Allowed

Seetaram Rathaur v. State Of Chhattisgarh

Chhattisgarh HC15 Jun 2016MCRC/2853/2016

Case brief

AI extract

What is this about?

This order grants regular bail to the applicant accused of possessing illicit country-made liquor under the Excise Act. Despite the offence being triable by JMFC, the court allowed bail on personal bond with one surety considering the circumstances.

What did the court decide?

Bail granted on furnishing personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court.

Seetaram Rathaur Vs State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2016)

¶1

HIGH COURT OF CHHATTISGARH, BILASPUR

¶2

MCRC No. 2853 of 2016

¶3

Seetaram Rathaur, S/o. Late Vishram Prasad Rathaur, Aged About 47 Years, R/o. Faraswana, Thana Urga, Tahsil Kartala, Revenue & Civil District Korba, Chhattsgarh.

¶4

---- Applicant

¶5

Versus

¶6

State Of Chhattisgarh, Through P.S. Urga, Revenue & Civil District Korba, Chhattisgarh.

¶7

---- Respondent --------------------------------------------------------------------------------------------------For Applicant : Mr. V.R.Tiwari, Advocate For Respondent : Ms. Shobha Kashyap, Govt. Advocate ---------------------------------------------------------------------------------------------------

¶8

Hon'ble Shri Justice Goutam Bhaduri

¶9

Order On Board

¶10

15/06/2016

¶11

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.80/2016 registered at Police Station- Urga, District Korba (C.G.) for the offence punishable under Section 34(2) & 36 of the Excise Act.

¶12

The prosecution alleges that the applicant was found to be in possession of illicit country made liquor measuring about 62.100 bulk liters and he was arrested on 20.03.2016.

¶13

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 20.03.2016; therefore, he may be released on bail.

¶14

Learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information received

¶15

from the concerned SHO, the applicant has no previous antecedents of similar offence.

¶16

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 62.100 bulk liters, offence is triable by the JMFC and the applicant is in jail since 20.03.2016, this Court is inclined to release the applicant on bail.

¶17

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

¶18

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

¶19

Sd/- (Goutam Bhaduri) Judge

¶20

Ashok

Seetaram Rathaur v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Seetaram Rathaur v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ku. Chandeshwari Vs State Of Chhattisgarh

Rampyare Gabel Vs State Of Chhattisgarh

Firobai Nayak Vs The State Of Chhattisgarh

Prakash Kumar Annant Vs State Of Chhattisgarh

Jahar Sai and Anr. Vs State Of Chhattisgarh

Janak Ram Sahu Vs State Of Chhattisgarh