Panchram Vs State Of Chhattisgarh: Accused Arrested U/s 34 Of Chhattisgarh Excise Act Can Be Released On Bail U/s 439 Of CrPC On Certain Conditions

Bench:
Shri Justice Gautam Bhaduri

Appellant:
Panchram

Respondent:
State of Chhattisgarh

Issue

Whether an accused who is arrested for allegedly being in possession of illicit liquor punishable under Sec.34 (2) of Chhattisgarh Excise Act be released on bail under Section 439 of CrPC?

Facts

• The applicant was found to be in possession of illicit liquor and was arrested on 2.11.2015.
• The applicant had submitted that he had been falsely implicated in this case and was in jail since 2.11.2015 and hence should be released on bail.
• The State Council opposed the grant of bail but submitted that the applicant had no previous antecedents of similar offence.
• The offence was tried by the JMFC and accordingly, the bail application was allowed.

Appellant’s Contentions

• The applicant submitted that he was falsely implicated and since he was in jail, he should be released on bail.

Respondent’s Contentions

• The contention was that this was the first bail application filed under Sec. 439 of the CrPc for grant of regular bail to the applicant, who had been arrested for an offence punishable under Sec. 34(2) of the Chhattisgarh Excise Act.

Relevant Paragraphs (Paragraph Numbers 1 and 4 of the Original Judgement)

1. Section 439 of CrPC empowers a High Court or Court of Session to direct any person accused of an offence and in custody to be released on bail, and if the offence is of the nature specified in Section 437(3), the Court may impose any condition which it deems necessary. Under S. 439, the competent Court may also direct that any such condition imposed by a Magistrate be set aside or modified. The Court may also direct that any such person who has been released on bail, under this Section, be arrested.
2. Section 34 of the Chhattisgarh Excise Act prescribes penalty for unlawful manufacture, transport, possession, sale, etc. The maximum term of imprisonment is three years and fine up to one lakh.

Judgement

Owing to the circumstances, the Court released the applicant on bail, for furnishing a personal bond for a sum of Rs. 25,000/-. The Bench further ordered that his appearance was mandatory as and when directed by the Court. However it was also directed that if the applicant was found to be involved in a similar incident, then his bail application stands concealed and the police was at liberty to arrest him in the same case again, after informing the concerned Judicial Magistrate where the case was pending.

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