Nagendra Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1369 of 2020 (Office Reference) Nagendra Sonwani S/o Lalit Sonwani Aged About 29 Years R/o Bebdi, PoliceStation Raghunath Nagar, Police Chowki, Balangi, District BalrampurRamanujganj Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through Police Station Basantpur, District BalrampurRamanujganj Chhattisgarh ---- Respondent Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/11/2020 Heard.

1. Smt. Fouzia Mirza, Additional Advocate General appears fro the State.

2. In the matter of Nagendra Sonwani Vs State Of Chhattisgarh, order dated 17.09.2020 passed by this Court in MCRC No. 3571 of 2020, an Office Note has been put up before this Court by the Registrar (Judicial) pointing out that in compliance of the order, notice are being issued to the informant/authorized person for appearance in hearing in bail proceedings through Video Conferencing. Now, as the Courts have started physical functioning, appropriate modification may be ordered without insisting on appearance through Video conferencing.

3. Smt. Fouzia Mirza, Additional Advocate General present in the Court would submit that the direction was issued at the time when hearings were being held through Video Conferencing and in-addition to the direction for issuance of notice, direction was also being issued to concerned Superintendent of Police, Station House Officer of the concerned Police Station. Learned State counsel submitted that appropriate modification in the changed circumstances may be ordered.

4. Having considered the Office Note and the submission of the learned State Counsel, it is clarified that as in view of the changed circumstances, the

physical functioning of the High Court has resumed, it is no longer necessary to issue notice to the informant/authorised person regarding appearance through Video-conferencing. Further, as a consequence, the direction issued to the concerned District Legal Service Authority for providing legal aid is also no longer necessary. While issuing notices to informant/authorised person, it will no longer be necessary to require appearance through Video Conferencing. It would be open for the informant/authorized person to appear either personally or through duly engaged counsel before this Court in bail proceedings.

Copy of this Order shall be sent to the Secretary, Chhattisgarh State Legal Services Authority, all District Legal Services Authorities, all Superintendent of Police of the State, for information.

5. Learned Additional Advocate General shall also communicate copy of this modification order to the Secretary (Home) for issuance of necessary modification in the guidelines and direction earlier issued in compliance of direction dated 17.09.2020 in MCRC No. 3571 of 2020.

6. With the aforesaid modification and clarification, the matter is closed. Sd/- (Manindra Mohan Shrivastava) Judge Nadim