Smt. Vimla Anand v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 960 of 2015 Smt. Vimla Anand W/o Sanjay Anand Aged About 36 Years R/o Village Bhendra, P.S. Ranchirai, Distt. Balod, At Present Address Housing Board Colony, Q.No. L I G 626, Kohka, P.S. Supela, Durg, Chhattisgarh.

---- Petitioner

Versus

State Of Chhattisgarh Through S.H.O. P.S. Bhatapara City, Distt. Balodabazar, Chhattisgarh.

---- Respondent For Petitioner - Shri Vivek Sharma, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 29/10/2015 1.

This instant petition is against the order dated 27/08/2015 whereby bail bond of the petitioner has been cancelled as she could not appear on the date of evidence. Case is fixed for 16/12/2015. 2.

Learned counsel for the applicant submits that applicant being a lady used to appear on each and every date but she could not appear on 27/08/2015 as her brother had expired. He further submits that since bail has been granted by this court, consequently it would have been futile exercise to pray for cancellation of bail before the court and therefore prays to invoke jurisdiction of this court under under Section 482 of Cr.P.C. 3.

Having regard to the fact that applicant is a lady and on 27/08/2015 she could not appear and considering the submission made at bar by

learned counsel for the applicant that as her brother died before the date, consequently she could not appear is accepted. Order dated 27/08/2015 is therefore set aside. If arrest warrant are issued, it is directed to be called back. The applicant shall appear on 16/12/2015 so as to furnish fresh bail bond of Rs.10,000/- with one surety of the like sum to the satisfaction of the trial court and on that being done, court shall ensure her release on bail.

4.

Accordingly, petition stands allowed.

Sd/- (Goutam Bhaduri) JUDGE gouri