Sunil Mishra vs Uttam Kumar Soni
2022 Latest Caselaw 6412 Chatt

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                                                                                   NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRMP No. 1746 of 2022

     • Sunil Mishra S/o Late Brijbhushan Aged About 40 Years R/o
       Jabbal Gali Nehru Nagar, P.S. - Civil Lines, Bilaspur, District :
       Bilaspur, Chhattisgarh
                                                                           ---- Petitioner
                                          Versus
     • Uttam Kumar Soni S/o Ramsevak Soni Aged About 55 Years
       R/o Village Mangla, Mahershi School Road, P.S. - Bilaspur,
       District : Bilaspur, Chhattisgarh
                                                                        ---- Respondent
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For Petitioner : Shri Bharat Rajput, Advocate For Respondent : Not noticed

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Hon'ble Shri Justice N.K. Chandravanshi Order On Board 20.10.2022.

1. This petition has been preferred under Section 482 of the CrPC by the petitioner to set aside order dated 09.12.2021 passed by 4th Additional Sessions Judge, Bilaspur in Criminal Appeal No.33/2020 and also to issue direction to allow the application under Section 317 CrPC, in the interest of justice.

2. Learned counsel for the petitioner would submit that after passing of judgment of conviction against the petitioner, he has filed appeal which is pending consideration before the 4th Additional Sessions Judge, Bilaspur. It is further submitted that due to Covid-19 pandemic, hearing of the case was disturbed and when the hearing was started the case was fixed for hearing on 25.01.2021. Thereafter from 25.8.2021 to till 09.12.2021, the case was fixed 9 times for hearing, out of which, the petitioner was present 4 times before the Court below. On other dates, he marked his presence through his counsel, but on 09.12.2021, since the petitioner was not well, application under Section 317 CRPC was filed for exemption from his appearance along with medical documents. But the learned Court below without

considering the aforesaid application, out-rightly cancelled his bail bonds and passed order for issuance of warrant of arrest against him. It is next submitted that this petition may be disposed of by directing the learned appellate court to consider the application filed under Section 70(2) CrPC, which he is ready to file, on the same day, till then interim protection may be granted to the petitioner.

3. Considered the submission and perused the documents filed along with the petition.

4. Perusal of the certified copy of the order sheets would go to show that after the Covid-19 pandemic, when the case was listed for hearing, out of 09 hearing, the petitioner was present in person 04 times. Thus, it cannot be said that he is avoiding his presence in the case. If the petitioner is not paying 20% of the fine amount then, appropriate procedure may be conducted against him, but only due to that default, it cannot be considered as a valid reason for issuance of warrant of arrest against him.

5. Considering the aforesaid facts, it is directed that if the petitioner files an application under Section 70(2) CrPC, within 15 days from today, then it be considered and decided by taking liberal view, in accordance with law. It is further directed that till disposal of the application filed by the petitioner under Section 70(2) CrPC, no coercive steps shall be taken against him.

6. With aforesaid directions and observation, the petition stands disposed of finally at the motion stage.

Sd/-

(N.K. Chandravanshi)

JUDGE Bini