1 2025:CGHC:3082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 199 of 2025 1 - Gangu @ Govind Manwani S/o Shankarlal Aged About 24 Years R/o Bhramroad, Ambikapur, Police Station Ambikapur, District Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station Ambikapur, District Surguja Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Rahil Arun Kochar, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 17/01/2025 1. The present petition is being heard finally with the consent of the parties. 2. The petitioner has sought the present petition under Section 528 2 of Bhartiya Nagrik Suraksha Sanhita, 2023 against the order dated 04.04.2023 passed in Criminal Appeal No. 1133/2001 whereby available warrant of Rs. 20,000/- was issued against the appellant and earlier bail bond submitted by the appellant was cancelled and the concerned Trial Court was directed to proceed further for forfeiture of the earlier bond. 3. Brief facts of the case are that the petitioner was convicted under Section 3 and 7 of the Essential Commodities Act vide judgment dated 08.11.2001 passed in Special Case No. 7/1999 State Vs. Gangu Manwani and Another passed by the Special Judge Ambikapur, Surguja, C.G. Being aggrieved by the judgment passed by lower court, appellant preferred Criminal Appeal vide CRA No. 1133/2001 before this Hon’ble High Court. The Hon’ble High Court vide order dated 05.12.2001 directed that the appellant be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 13.02.2002 and other dates fixed by the Court. The appellants after granting bail were regularly appearing before the Court and marking their appearance in compliance of the order passed by this Hon’ble Court. That the appeal was listed for final disposal at motion stage, but no appears for the appellant before this Court on 04.04.2023. The bailable warrant of Rs. 20,000/- was issued against the appellant by registered mode through concerned Superintendent of Police for his appearance 3 on 08.05.2023. 4. Learned counsel for the petitioner contended that the petitioner is innocent and has not breached any of the condition imposed by this Hon’ble High Court while he was granted bail. He prays to quash the order dated 06.09.2024 (Annexure A/1) and subsequent proceeding arising out of M.Cr.C No. 8/2023 pending before Session Judge, Ambikapur, District- Surguja and order dated 04.04.2023 (Annexure A-2) in the interest of justice. 5. Learned State Counsel raised objection with regard to the submission and prayer of the counsel for the petitioner. 6. I have heard learned counsel for the parties and perused the record with utmost circumspection. 7. Perusal of record shows that on 04.04.2023 in CRA No. 1133 of 2001 neither the Counsel nor the petitioner herein was present before this Court. Therefore, this Court vide its order dated 04.04.2023 “Let a bailable warrant of Rs. 20,000/- be issued against the appellant by registered mode through concerned Superintended of Police for his appearance before this Court on 08th May, 2023. Earlier bail bond submitted by the appellant remain cancelled and the concerned Trial Court is directed to proceed further for forfeiture of the earlier bail bond submitted by the appellant.” 8. Therefore, learned Sessions Judge has registered a case under Section 446 of Cr.P.C. and issued show cause notice to the present petitioner. Also, the petitioner is acquitted by this Court vide judgment dated 19.06.2024 in CRA No. 1133 of 2001 from the charges under Section 3 and 7 of the Essential Commodities 4 Act,. Learned Sessions Judge has forfeited the amount of Rs. 20,000/- which is deposited by the petitioner. The petitioner has not shown any sufficient cause for his absence on 04.04.2023. 9. It is also important fact that on 04.04.2023 the Counsel for the petitioner did not appeared before the Trial Court and there was no specific instruction for the petitioner to appear in person before the Court. 10. Therefore, looking to the facts and circumstances of the case and on perusal of records the order dated 06.09.2024 passed by the Sessions Judge, Ambikapurl, District- Surguja (C.G.) is hereby modified and the petitioner is directed to deposit an amount of Rs. 5000/-. 11. With the aforesaid direction, the present petition is disposed off. Sd/- (Arvind Kumar Verma) JUDGE Madhurima