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CHHATTISGARH HIGH COURT
Not mentioned, Not mentioned
Shekh Lala v. State of Chhattisgarh
| Table of Content |
|---|
| 1. details regarding the case facts and the application for bail. (Para 2 , 3) |
| 2. arguments centered around the provisions of the excise act. (Para 4 , 5) |
| 3. court's consideration of circumstances for bail. (Para 6 , 7 , 8) |
| 4. final decision on granting bail. (Para 9 , 10) |
1. Heard.
2. Diary of Crime No. 164 of 2000 registered by Excise Department, Distt., Durg, for the offence punishable under S. 34(1)(a) of Excise Act, perused.
3. Learned counsel for the applicant submits that since 20-10-2000, the applicant is in jail and as there is no likelihood of early disposal of the trial at the Magisterial level and as for offence punishable under S.34(1)(a), the maximum awardable sentence is one year R.I. and fine of Rs. 500/- which may extend to Rs. 5000/-, the applicant deserves to be released on bail.
4. On the other hand, learned counsel for the State placing his reliance on the language of S.59 - A of M. P. Excise Act, 1915 submits that more than 50 bulk litres of liquor was recovered from the applicant and as the prosecution is opposing the application for grant of bail, the application cannot be allowed.
5. S.59 - A, has been inserted in the Act by M. P. Act No. 22/2000
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