ANIL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard finally.

(2.) The applicant has preferred this application for grant of bail as he is arrested on 3-9-2009 in connection with Crime No. 466/2009 registered in PS Supela, Distt. Durg (CG) for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

(3.) Learned counsel for the applicant submits that after investigation charge sheet has been filed and the same was pending before the CJM Durg as Cr. Case No. 2186/2009 and thereafter it is pending before the JMFC, Durg as Cri. Case No. 1718/2009. Supela police filed charge sheet against the present applicant and co-accused Kaminder. As per allegation, from the present applicant 26.820 bulk litre country liquor was seized. Present applicant and the co-accused Kaminder preferred MCRC No. 2890/2009 and MCRC No. 3020/2009. Coordinate bench of this court disposed of both the MCRCs by common order dated 13-1-2010 and directed released of the applicants on bail on their furnishing persons bond of Rs. 30,000/- with two solvent sureties of Rs. 15,000/- each to the satisfaction of the CJM Durg. In compliance of that order, the applicant was released on bail and thereafter was taking part in the trial. On 5-8-2013 he was absent and not participated in the trial. With this the trial Court proceeded against the applicant, also issued warrant of arrest/ permanent warrant of arrest. The applicant was again arrested on 12- 6-2017 and till date he is in custody. Co-accused Kaminder is still absconding. The applicant remained absent for 3 years, 10 months and 7 days, not participated in the proceedings of trial Court. At the time of incident, he was aged about 22 years. On account of death of his father he went to his home village and thereafter on account of some difficulty not returned. With this he was not in a position to locate the matter for his appearance. Now he will appear regularly in the trial. He may be given one opportunity.