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Sanju Kumar Cherwa Vs State of Chhattisgarh — Cheque Dishonour | Chhattisgarh HC (2019)

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Chhattisgarh HC
2019
Sanju Kumar Cherwa Vs State of ChhattisgarhSanju Kumar Cherwa v. State of Chhattisgarh

Allowed

Sanju Kumar Cherwa v. State of Chhattisgarh

Chhattisgarh HC18 Jan 2019MCRC/470/2019

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a first bail application filed by an applicant arrested for manufacturing country liquor under Section 34(2) of the Chhattisgarh Excise Act. Directing the applicant to furnish one solvent surety and execute a personal bond, his release on bail was ordered.

What did the court decide?

The applicant released on bail upon furnishing one solvent Surety for Rs. 25,000/- along with a personal bond.

What the court decided

AI extract

Outcome

The applicant released on bail upon furnishing one solvent Surety for Rs. 25,000/- along with a personal bond.

Issue for consideration

Whether the applicant is entitled to bail under Section 439 Cr.P.C. in a case involving manufacture of country liquor.

Detailed headnote1 paragraphs

This judgment considers a bail application under Section 439 Cr.P.C. in a case involving an offence under Section 34(2) of the Chhattisgarh Excise Act concerning the seizure of country liquor. The Court allowed the bail application, directing the applicant to furnish one surety and execute a personal bond of Rs. 25,000/- for the satisfaction of the Trial Court before release.

A compact analysis

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.

A

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 470 of 2019

Sanju Kumar Cherwa, S/o Ram Kumar, aged about 25 years, R/o Village Mayapur, Ring Road, Police Station & Tahsil Ambikapur, District Surguja (CG).

---- Applicant

Versus

State of Chhattisgarh, through Police Station Ambikapur, District Surguja (CG).

---- Non-applicant

For Applicant : Mr. Sunil Sahu, Adv. on behalf of Ms. Sangeeta Soni, Advocate For Non-applicant : Mr. Arvind Shukla, Panel Lawyer

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board

18.01.2019

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

The applicant has been arrested in connection with Crime No.567/2018 registered at Police Station Ambikapur, District Surguja for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

Case of the prosecution, in brief is that on 29.10.2018, 15.00 bulk liters hand made country liquor has been seized from the applicant.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedent reported against the applicant in police case diary.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to

the satisfaction of the concerned Trial Court, he be released on bail.

Certified copy as per rules.

Sd/-

(Sharad Kumar Gupta) JUDGE

L/-

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant is entitled to bail under Section 439 Cr.P.C. in a case involving manufacture of country liquor.

Statutes considered

2 provisions across 2 enactments

AI extract

Cr.P.C.Section 439
Chhattisgarh Excise ActSection 34(2)

Parties & counsel

AI extract

applicant
Sanju Kumar Cherwa
respondent
State of Chhattisgarh

Coram

AI extract

Sharad Kumar Gupta

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 18 Jan 2019 · January
Registered: 15 Jan 2019
Case no.: MCRC/470/2019
CNR: CGHC010010192019
Topic: Cheque Dishonour
Bench: Sharad Kumar Gupta
Disposal: DISPOSED OFF

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Cite this judgement

Sanju Kumar Cherwa v. State of Chhattisgarh, MCRC/470/2019 (CG), decided on 18 January 2019.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Cr.P.C.Section 439
Chhattisgarh Excise ActSection 34(2)

View all statutes

Bench / Coram

Sharad Kumar Gupta

Parties & counsel