1 2025:CGHC:3852 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 247 of 2025 1 - Kishan Kumar Agrawal S/o Shri Visheshwar Agrawal Aged About 26 Years (At Present Aged About 51 Years), R/o Mayapur, Police Station Ambikapur, District Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Ambikapur, District- Sarguja (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Manoj Kumar Mishra, Advocate For Respondent(s) : Ms. Pushplata Khalkho, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 22/01/2025 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 26.09.2024 passed in Misc. Crl. Case No. 10/2023 whereby a personal bond of Rs. 20,000/- was issued against the applicant and earlier bail bond. 3. Brief facts of the case are that on 02.07.1999 after receiving secret information regarding illegal transportation of Kerosene Oil, police of Police Station, Ambikapur, has made a raid near Gandhinagar barrier at about 2:00 AM and in presence of the independent witness, 800 liters of kerosene oil which was carried in 5 drums was seized from the possession of co-accused Gangu@ govind Manwani. The said kerosene oil was transported by an Auto owned and driven by the applicant herein. Thereafter seizure memo for seizure of the auto and kerosene oil has been prepared an offence punishable under Section 3/7 of the Essential Commodities Act has been registered against the Applicant and co-accused Gangu@ Govind Manwani at Police Station Ambikapur both the accused persons have been arrested and after completing usual investigation the concerned Police has filed the charge sheet before the competent court. Learned trial court recorded the evidence of the prosecution witnesses and statement of the accused persons and on 08.11.2001 held the applicant guilty under section 3/7 of the Essential Commodities. Being aggrieved by the said judgment and order, applicant preferred an appeal for suspension of sentence and grant of bail, which got allowed on 28.11.2001. He also filed an application fo 3 exemption from giving personal appearance before the Registry, which got allowed on 16.07.2004. 4. Thereafter, the said appeal was listed for final hearing in various dates before this court along with CRA No. 1133/2001 and on 14/02/2022, the applicant met an accident due to which his right leg got fractured and has also undergone for surgery. Due to this he was unable to attend the court on 04.04.2023. On 20.04.2023 day show cause notice was issued to the Applicant. Meanwhile vide order dated 19.06.2024 the Criminal Appeal no. 1156 of 2001 filed by the applicant got allowed. Thereafter, the applicant filed the reply of the show cause notice and prayed to drop the case pending. But the prayer got rejected and bail bond of the applicant forfeited and was directed to deposit the amount of personal bail bond of Rs. 20,000/- on or before 14.11.2024. Hence this petition. 5. Learned counsel for the applicant contended that the applicant 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 26.09.2024 (Annexure A/1) in the interest of justice. 6. Learned State Counsel raised objection with regard to the submission and prayer of the counsel for the petitioner. 7. I have heard learned counsel for the parties and perused the record with utmost circumspection. 8. Perusal of record shows that on 04.04.2023 in CRA No. 1156 of 2001 neither the Counsel nor the petitioner herein was present 4 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 08h 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." 9. 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. 1156 of 2001 from the charges under Section 3 and 7 of the Essential Commodities Act, 1955. Learned Sessions Judge has forfeited the amount of Rs. 20,000/- which is deposited by the applicant. The applicant has not shown any sufficient cause for his absence on 04.04.2023. 10. 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. 11. Therefore, looking to the facts and circumstances of the case and on perusal of records the order dated 26.09.2024 passed by the Sessions Judge, Ambikapur, District- Surguja (C.G.) is hereby 5 modified and the petitioner is directed to deposit an amount of Rs. 5000/-. 12. With the aforesaid direction, the present petition is disposed off. Sd/- (Arvind Kumar Verma) JUDGE Madhurima