Released on bond from police station, presented challan in court, High Court overturned District Judge’s order, imposed fine

Amazing feat: Released on bond from the police station, presented challan in court, High Court overturned District Judge's order, imposed fine

Virendra Gahwai, Bilaspur. In Chhattisgarh, the High Court has declared the arrest of a woman under the Excise Act and the order rejecting her bail for a bailable offence, wrong. Besides, the court has also issued an order to give compensation of Rs 25 thousand to the woman.

In fact, a case of bailable offense was registered by Shivrinarayan Excise Inspector against a 73-year-old woman resident of Navagarh in Janjgir district in the case of 3 liters of country liquor. In this case registered on 16 September 2021, he was given bail from the police station after filling the bail bond. After which, on March 14, 2022, the Excise Police presented the challan in Janjgir Court without informing the said woman. The court had issued an arrest warrant for the woman’s presence. The woman was never served and informed about the same. After which, on May 10, 2023, the woman came to know through her advocate that an arrest warrant has been issued against her from the court. On information of which he surrendered before the court on 7 December 2023 and submitted an application to cancel the warrant, but the magistrate sent him to jail. After 7 days, he got bail from the Sessions Court.

Against the order of the said magistrate and the order of illegal arrest, the woman presented a petition in the High Court through High Court advocate Gaurav Singhal, demanding appropriate action and compensation. On which the Division Bench of the Chief Justice heard and considered the said order of the Magistrate wrong, considering it a violation of fundamental rights under Article 21 of the Constitution. Also, the High Court has ordered to pay compensation of Rs 25 thousand to the woman within 30 days.

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