This is a second bail application under Section 439 Cr.P.C. The applicant, arrested for illicit liquor possession under the C.G. Excise Act, was released on personal bond. The court relied on the failure of seizure witnesses to support the prosecution.
Application allowed; applicant released on furnishing personal bond of Rs. 25,000 with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5237 of 2016
Parmila Bai W/o Ratiram Pardhi, Aged About 60 Years, R/o. Village (Wrongly Typed Gaj) Rajpur, P.S. Dhamdha, District Durg Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through : The Station House Officer, Police Station Dhamdha, District Durg Chhattisgarh
---- Respondent
For applicant - Shri Jitendra Gupta, Advocate. For Respondent/State – Shri Vivek Singhal, PL.
Hon'ble Shri Justice Goutam Bhaduri
Order
7/09/2016
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who are said to be seizure witnesses. Considering the fact that seizure witnesses have not supported the case of the prosecution, this court is inclined to release the applicant on bail.
Sd/-
(Goutam Bhaduri)
JUDGE
gouri
2 issues framed by the court
Whether the applicant should be released on bail given that dispute regarding seizure witnesses.
Whether the failure of seizure witnesses to support the prosecution case warrants granting bail.
2 provisions across 2 enactments
Parmila Bai W/o Ratiram Pardhi
State Of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
