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2026 DAILYLAW 2109 (CHH)

MALKIT SINGH RANDHAWA @ SONU v. STATE OF CHHATTISGARH

MCRC/2456/2026 · 2026-03-15

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Judgment text

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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. Hon'ble Shri Ramesh Sinha , Chief Justice 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 o;ence 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 Cnal report was submitted before the Court of law. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.17 11:11:04 +0530 2 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 o;ence. 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 Cled 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 speciCc 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 unjustiCed. 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 Cled 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, Fed 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 3 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, Fed 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 o;ence 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. OGce is directed to send a certiCed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek