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2013 Supreme(Chh) 191
HIGH COURT OF CHHATTISGARH, BILASPUR
Hon'ble Shri Prashant Kumar Mishra, J.
VINOD PARIHAR - Applicant
Vs.
STATE OF C.G. - Non-applicant
M.Cr.C. No. 2437 of 2013
Decided On : 1-7-2013
Shri Samir Singh, Advocate, for the Applicant.
Shri Bhaskar Pyasi, Panel Lawyer, for the State.
The court may grant bail considering the length of detention and the typical sentence for similar offenses under the Excise Act.
Headnote:
Bail - Excise Act - The court granted bail to the applicant who was arrested for illegally possessing illicit liquor under Section 34(2) of the Excise Act, considering the applicant's prolonged detention and the usual sentence for such offenses.
Fact of the Case:
The applicant sought bail after being arrested for illegally possessing illicit liquor under Section 34(2) of the Excise Act.
Finding of the Court:
The court granted the bail application, taking into account the applicant's extended detention and the typical sentence for similar offenses under the Excise Act.
Issues: Bail application in connection with the possession of illicit liquor under the Excise Act.
Ratio Decidendi: The court considered the applicant's prolonged detention and the usual sentence for similar offenses under the Excise Act in granting bail.
Final Decision: The application for bail was allowed, and the applicant was directed to be released on bail upon executing a personal bond and surety.
1. The applicant has preferred this application for grant of bail as he is arrested in connection with Clime No.28/2013 registered in Police Station: New Rajendra Nagar, District Raipur for offence punishable under Section 34(2) of the Excise Act for illegally possessing 5.760 bulk liters of illicit liquor.
2. Although learned State counsel would inform that there are as many as 25 previous cases registered against the applicant including one externment proceeding, however, considering that the applicant is in jail since 28.3.2013 i.e. for more than 3 months and ordinarily sentence of imprisonment from 6 months to 1 year is imposed in this kind of cases under the Excise Act, 1915, this Court is inclined to release the applicant on bail.
3. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. It is made clear that if the applicant involves himself in the offence of similar nature in future, this order granting bail to the applicant shall automatically stand cancelled without reference to the Bench.
Application Allowed.
