Gangu @ Govind Manwani vs State Of Chhattisgarh
2025 Latest Caselaw 1296 Chatt

Citation : 2025 Latest Caselaw 1296 Chatt
Judgement Date : 17 January, 2025

Chattisgarh High Court

Gangu @ Govind Manwani vs State Of Chhattisgarh on 17 January, 2025

                                            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

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

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

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.