The High Court of Chhattisgarh, Bilaspur, dismissed the merit but granted bail to two applicants detained for unlawful possession of country-made liquor. The court directed release on personal bond with surety.
Applicants discharged on bail by furnishing personal bond of Rs. 20,000 each with one surety each.
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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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MISC. CRIMINAL CASE NO. 7605 OF 2016
Tahsil & District Mahasamund (C.G.)
… Applicants
Versus
State of Chhattisgarh, through the Excise Officer, Excise CircleMahasamund, District Mahsamund (C.G.)
… Respondent
For Applicants : Mr. Vikash Pradhan, Advocate. For Respondent-State : Mr. Neeraj Jain, Govt. Advocate.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
21/11/2016
1. This is the first bail application seeking for grant of bail to the Applicants who are in jail since 5.11.2016 in connection with Crime No. 251 of 2016 registered at Police Station Excise Circle Mahasamund, District Mahasamund, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. As per the prosecution, on search being made, total 18 liters of country made liquor was seized from the unlawful possession of the Applicants and therefore they have been charged with the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and have been arrested on 5.11.2016.
3. Learned Counsel for Applicant submits that the Applicants are innocent, they have been falsely implicated in the instant case and no liquor has been seized from their exclusive possession. He further submits that the Applicants are in custody since 5.11.2016 and therefore they may be enlarged on bail.
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4. Opposing the bail application, learned Counsel for the State submits that the Applicants were found to be in unlawful possession of 18 liters of country made liquor and therefore they may not be enlarged on bail.
5. Without commenting on merits, considering the totality of the facts and circumstances of the case and taking into account the quantity of liquor alleged to have been seized as also the fact that the Applicants are in detention since 5.11.2016, this Court is of the opinion that the present is a fit case where the Applicants can be enlarged on bail.
6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.20,000/- each with one surety each of the like sum to the satisfaction of the concerned Trial Court for their appearance as and when directed.
Sd/- (P. Sam Koshy)
/sharad/ Judge
2 issues framed by the court
Whether the applicants can be enlarged on bail in an offence under Section 34(2) of the Chhattisgarh Excise Act punishable by imprisonment.
Whether furnishing a personal bond with surety satisfies the conditions for bail granting.
1 provisions across 1 enactments
Shekh Imran S/o Yunus Quraishi
Laxmikant S/o Sundar Chauhan
State of Chhattisgarh, through the Excise Officer, Excise CircleMahasamund, District Mahsamund (C.G.)
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
