Allowed

Girdhari Ram Nirmalkar v. State of Chhattisgarh

Chhattisgarh HC21 Feb 2024MCRC/406/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the bail application of Girdhari Ram Nirmalkar under Section 439 Cr.P.C. He was arrested for cheating, previously granted bail, but failed to appear, leading to bail cancellation and arrest warrant issuance. He surrendered before the trial court. The court allowed bail despite the absconding order due to his surrender.

What did the court decide?

Bail application allowed; applicant released on regular bail upon furnishing a bail bond of Rs. 1,00,000/- with one surety in like sum.

Girdhari Ram Nirmalkar Vs State of Chhattisgarh — Cheque Dishonour | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 406 of 2024

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1- Girdhari Ram Nirmalkar S/o Late Bacchanram Nirmalkar, Aged About 55 Years, Permanent R/o Village - Khursenga, Post - Kodapar, Police Station - Kurud, District - Dhamtari, Chhattisgarh. Present R/o Village - Khapri, Police Station - Thana - Khamhariya District - Bemetara, Chhattisgarh.

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---- Applicant

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Versus

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1- State Of Chhattisgarh, Through The Station House Officer, Police Station - Civil Line, District - Raipur, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Shivendu Pandya, Advocate For Respondent/State : Mr. Neeraj Sharma, Dy.A.G.

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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22/02/2024

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Applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he has been arrested in connection with Crime No.32/2013, registered at Police Station – Civil Line, Raipur, District – Raipur (C.G.) for offence punishable under Section 420 of the Indian Penal Code.

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Case of the prosecution, in brief, is that applicant was arrested in connection with Crime No.32/2023 for alleged commission of offence under Section 420 of I.P.C. After his arrest, applicant filed application for grant of bail before this Court bearing M.Cr.C. No.3661 of 2013, which was allowed vide order dated 21.08.2013. Applicant after his release on bail, appeared through his counsel before the learned trial Court, however, he did not appear before the learned trial Court since 04.03.2016 and his bail bonds were cancelled and arrest warrant was issued vide order dated 04.03.2016. Applicant surrendered himself before the learned trial Court and also filed an application under Section 437 of Cr.P.C., however, the said application was dismissed and applicant was sent to jail and further his application under Section 439 of Cr.P.C. also came to be dismissed vide order dated 01.12.2023.

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Learned counsel for the applicant submits that in the crime registered against applicant, considering the merits of the case, applicant was extended benefit of bail under Section 439 of Cr.P.C. by this Court in M.Cr.C. No. 3661 of 2013 vide order dated 21.08.2013. Applicant after framing of charge appeared before the learned trial Court in some of the hearings, however, on 11.02.2016 he could not appear and the application for exemption of appearance was filed by learned counsel engaged by him. From order-sheet it is appearing that thereafter neither the counsel engaged on behalf of applicant appeared and on

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04.03.2016, bail granted to applicant was cancelled and arrest warrant was issued. Counsel engaged by him also died earlier and therefore, he was not made aware of the date of hearing. He also pointed out that applicant after getting knowledge of cancellation of bail and issuance of arrest warrant, he himself surrendered before the Court, however, his application for grant of bail was rejected. Applicant is a poor villager and at present residing at village – Khapri, P.S. Than-Khamhariya, District – Bemetara. Applicant will participate in trial on each and every date of hearing. He also pointed out that from the order-sheet it is reflecting that Court is vacant as the presiding officer is on maternity leave. Applicant is in jail since 28.11.2023. Hence, he may be enlarged on regular bail.

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Learned counsel for State opposes the submission of learned counsel for applicant, and would submit that from the order-sheet placed on record, it is reflecting that applicant after the date fixed for recording of evidence, remained absent and only after issuance of permanent arrest warrant, applicant surrendered before the Court. Learned State counsel has also produced before this Court the letter written by Station House Officer, Police Station, Civil Lines, Raipur explaining non-service of arrest warrant upon applicant. Explanation offered is kept on record.

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I have heard learned counsel for the parties.

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Taking into consideration the facts and circumstances, nature of

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allegation as also the fact that applicant himself surrendered before the Court after issuance of permanent arrest warrant and the order passed by the learned Court below declaring him absconding, as per order sheet placed on record it is appearing that Presiding Officer of the Court is on leave, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail upon his furnishing a bail bond in the sum of Rs.1,00,000/- with one surety in the like sum to the satisfaction of the Court below on the conditions that:-

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a). Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

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(b). Applicant shall not, in any manner, tamper with the prosecution witnesses.

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c). If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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Sd/- (Parth Prateem Sahu) Judge

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Balram

Girdhari Ram Nirmalkar v. State of Chhattisgarh

Case brief

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Girdhari Ram Nirmalkar v. State of Chhattisgarh

Case brief

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