Citation : 2026 Latest Caselaw 598 Chatt
Judgement Date : 16 March, 2026
1
2026:CGHC:12469
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2456 of 2026
Malkit Singh Randhawa @ Sonu S/o Balkar Singh Randhawa Aged About 41
Years R/o Kohka, Housing Board, Bhilai, Tehsil And Distt. Durg, Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through P.S. Kumhari, Distt. Durg, Chhattisgarh.
... Non-applicant
For Applicant : Mr. R.K. Jain, Advocate.
For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Digitally signed
by ABHISHEK
SHRIVAS
ABHISHEK
SHRIVAS Date:
2026.03.17
Hon'ble Shri Ramesh Sinha, Chief Justice
11:11:04
+0530
Order on Board
16.03.2026
1.
The applicant has preferred this First Bail Application under Section 483
of B.N.S.S. for grant of regular bail, as he has been arrested in
connection with Crime No. 06/2013, registered at Police Station
Kumhari, District - Durg (C.G) for the offence punishable under Section
34(2) of the Chhattisgarh Excise Act.
2. As per the prosecution, on 03.01.2013, during the course of
investigation, 32 boxes containing 276.48 bulk litres of illicit liquor
(Golden Goa Whisky) were seized from the possession of Sandeep
Verma. At that time, two accused persons, namely Malkit Singh and
Haridwara Chouhan, absconded from the spot. After completion of the
investigation, the final report was submitted before the Court of law.
3. Learned counsel for the applicant submits that the entire allegation
levelled against the applicant is false and frivolous, and the applicant is
not responsible for committing the alleged crime. He has been falsely
implicated in the aforesaid offence. He further submits that the liquor was
seized from the possession of accused Sandeep Verma, and no recovery
has been made from the present applicant. It is further submitted that the
other co-accused, namely Haridwara Chouhan, was arrested in the year
2017, and a supplementary charge-sheet was filed against him. The
learned trial Court has rejected the bail application of the applicant only
on the ground that he had been absconding since the year 2013. The
learned trial Court has not mentioned any specific reason in the order for
keeping the applicant in jail. Therefore, the applicant ought to have been
granted bail. The order rejecting the bail application is unfair and
unjustified. He also submits that under Sections 34(2) of the Chhattisgarh
Excise Act, minimum punishment is one year and maximum punishment
is three years and the applicant has been in jail since 04.02.2026 and the
conclusion of the trial is likely to take quite long time. Therefore, he prays
for releasing the applicant on regular bail.
4. On the other hand, learned State Counsel appearing for the State/non-
applicant opposes the bail application and submits that the charge-sheet
has already been filed before the competent Court. He submits that on
03.01.2013, during the course of investigation, 32 boxes containing
276.48 bulk litres of illicit liquor (Golden Goa Whisky) were seized from
the possession of co-accused Sandeep Verma, and at that time the
present applicant, Malkit Singh (present applicant), along with another
accused, Haridwara Chouhan, fled from the spot. He further submits that
the applicant remained absconding since the date of the incident and
was eventually arrested on 04.02.2026, therefore, he is not entitled to the
grant of regular bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case and the fact that on
03.01.2013, during the course of investigation, 32 boxes containing
276.48 bulk litres of illicit liquor (Golden Goa Whisky) were seized from
the possession of co-accused Sandeep Verma, and at that time the
present applicant, Malkit Singh (present applicant), along with another
accused, Haridwara Chouhan, fled from the spot, moreover, the fact that
as the matter pertains to the year 2013 and the applicant has been
absconding since the incident took place and arrested on 04.02.2026,
there is every likelihood, that if he is granted bail, he will abscond again,
and further, hamper the trial, therefore, I am not inclined to grant regular
bail to the present applicant.
7. Accordingly, the bail application of the applicant - Malkit Singh
Randhawa @ Sonu, involved in Crime No. 06/2013, registered at
Police Station Kumhari, District - Durg (C.G) for the offence punishable
under Section 34(2) of the Chhattisgarh Excise Act, is rejected.
8. Needless to say that the trial Court concerned is at liberty to proceed and
conclude the trial expeditiously.
9. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice
Abhishek
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