Allowed

Janak Ram Sahu v. State Of Chhattisgarh

Chhattisgarh HC15 Jun 2016MCRC/2898/2016

Case brief

AI extract

What is this about?

In bail application under CrPC 439 regarding illicit liquor seizure, High Court of Chhattisgarh allowed release on personal bond with surety. Court considered total circumstances, the 10 bulk litres quantity, JMFC trialability, and lack of antecedents.

What did the court decide?

Application allowed; applicant to be released on personal bond of Rs.25,000 with one surety in like sum.

Janak Ram Sahu Vs State Of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2898 of 2016

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Janak Ram Sahu S/o Ghisal Sahu Aged About 60 Years R/o Village Mudpar, Police Station Sheorinarayan, District Janjgir Champa, Chhattisgarh. --- Petitioner

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Versus

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State of Chhattisgarh Through Station House Officer, Police Station Excise Circle Sheorinarayan, District Janjgir Champa, Chhattisgarh. --- Respondent

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For the applicant : Mr. Gurudev Sharan, Advocate For the Respondent : Mr. Sumit Jhawar, Panel Lawyer

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Hon'ble Shri Justice Goutam Bhaduri

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Order on Board

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15.06.2016

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This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.13 of 2016 registered at P.S. Excise Circle Sheorinarayan, Distt. Janjgir Champa (C.G) for the offence punishable under Section 34(1), 34(2), 59(A) of the Chhattisgarh Excise Act.

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The prosecution alleges that when a raid/inspection was conducted by the Police, 10 bulk litres of illicit liquor was seized from the possession of the applicant.

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Learned counsel for the applicant submits that the applicant is in jail since 22.4.2016 and the alleged seizure having been made, no further investigation is necessary.

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Per contra, learned State Counsel opposes the bail application. However, he submits that the concerned SHO has reported that the applicant has no criminal antecedents.

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Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is

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10 bulk litres; offence is triable by the JMFC and the applicant is in jail since 22.4.2016 this Court is inclined to release him on bail. Accordingly, this application is allowed.

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The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the said Court as and when directed by the said Court.

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C.c. as per rules.

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Sd/-

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GOUTAM BHADURI JUDGE

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R a o

Janak Ram Sahu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Janak Ram Sahu 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

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