HIGH COURT OF CHHATTISGARH AT BILASPUR CrJV).P.No.88of2011 Petitioner Vs Respondents State of Chhattisgarh, Through the Police Station Kotarraod, Tahsil & District Raigarh (CG) Kamaldhar Patel, s/o Ashwani Kumar, aged about 38 years, R/o Amlidiha, PS Kotar Road, Tahsil & District Raigarh (CG) Lokesh Agrawal, s/o Satyanarayan Agrawal, aged about 44 years, R/o Kotar Road, Bangala Para, Thana - Tahsil & District Raigarh (CG) Present: Shri Satish Gupta, Govt. Advocate for the petitioner/State. SINGLE BENCH: HON'BLE SHRI DHIRENDRA MISHRA. J ORAL ORDER (24.2.2011) 1. By this application under Section 439(2) of the Code of Criminal Procedure, the State has prayed for canceltation of bail granted to the respondents by learned 3 Additionat Sessions Judge, Raigarh on 9.6.2010 for the offence punishable under Section 407 read with Section 34 of the IPC and Sections 3 & 7 of the Essential Commodities Act. 2. This application has been filed on the ground that the learned ASJ has wrongly come to the conclusion that the respondents/accused were not the persons whom the work of transporting grains of PDS was entrusted, though during investigation it has come on record that they were transporting grains of PDS and have violated the procedure and as such, responsible for embezzlement of grains of PDS. 3. Heard learned counsel for the petitioner/State and perused the impugned order. 4. Learned ASJ, after considering the arguments of counsel for the accused persons and the public prosecutor, has ailowed the bail application by a well reasoned detailed order. The offences are punishable with the fixed term of jail sentence. The ^:?:'£"J":y*3S^. ~\. fts:"'.^!!s~°v%' ^ ^^^-^:' •^, •s^^^ application has been altowed on 9 June, 2010 and there is no atlegation that the applicants/accused have violated any of the conditionsofbail. 5. In that view of the matter, 1 find no good ground to entertain this application for cancellation of bail, that too, after eight months from the date of passing of the bait order. Accordingly, the application is rejected. Sd/- Dhirendra Mishra ^