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Judgment
K.H.N. Kuranga, C.J.
Heard both the counsel.
This is an application u/s 439 of Cr. P.C. filed by the applicant for grant of bail. He is one of the accused in Crime No. 357 of 2002, registered in Durg Police Station for the offence punishable u/s 34A of the Chhattisgarh Excise Act.
The case of the prosecution is that 77 bulk liters of liquor were seized by the police; three cartons from the house of co-accused Shabana and six cartons from a Fiat car which was parked in Meelpara Durg. The case of the prosecution is that the applicant was carrying the boxes containing liquor from the car to the house of Shabana.
Learned counsel for the applicant submitted that the place from where the applicant was arrested is not mentioned in the arrest memo and the fact that the applicant was carrying the liquor is also not mentioned in the Panchanama for seizing the liquor which is not disputed by the learned counsel for the State. It is submitted that the other accused namely Shabana who is the sister of the applicant has also been released on bail which is also not disputed by the learned counsel for the State.
Having regard to these facts, the application is allowed. The applicant is directed to be released on bail on his executing a bond in sum of Rs 5.000/-with two sureties for the like sum to the satisfaction the Court concerned for his appearance before the said Court/trial Court, or as and where so directed.
Parties are entitled for certified copy of this order.