Chandram Sidar v. Shiv Kumar Yadav And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.622 of 2018 • Chandram Sidar S/o Lt. Shri Vishwanath Sidar Aged About 40 Years Occupation Panchayat Teacher R/o Bazarpara Near Chandimai Mandir, Chandipara Pamgarh P. S. Pamgarh, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

1. Shiv Kumar Yadav And Anr. S/o Sona Ram Yadav Aged About 43 Years R/o C/o Satish Kirana Store Sahsaharoad, Pamgarh Tahsil And P. S. Pamgarh, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

2. State Of Chhattisgarh Through Incharge Station House Officer Scst, Pamgarh, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Respondents For Applicant :

Ms. Deepali Pandey, Advocate For Respondent/State :

Shri Luv Sharma, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/07/2018 Heard.

1.

The applicant is apprehending his arrest in connection with Criminal Appeal No.62 of 2014 registered at Police Station-Pamgarh, District-Janjgir Champa (C.G.) for alleged commission of offence under Section 138 of the Negotiable Instruments Act.

2.

It is submitted on behalf of the applicant that earlier after hearing the parties, the applicant was granted bail on 30-11-2017. However, there was typographical mistake in the order, due to which, the applicant could not appear before the Court below on the date fixed. Later on, vide order dated 18-01-2018, the mistake was corrected and correct date was also mentioned. However, by the time typographical mistake was corrected, date of appearance earlier fixed

before the Court below was already over, now, the learned Trial Court has issued fresh warrant of arrest against the applicant. 3.

Considering the submission made above, particularly taking into consideration that earlier the bail application of the present applicant was considered on merits, I am inclined to allow the application. 4.

Consequently, the application is allowed. It is directed that in continuation of order dated 30-11-2017 passed in M.Cr.C.(A)No.540 of 2017 and subsequent order dated 18-01-2018 passed in Cr.M.P.No.61 of 2018 is extended and it is directed that now the applicant shall appear before the Court below on 16-07-2018 and on such appearance, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer or the trial Court, as the case may be.

Certified copy as per rules.

SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane