Jharkhand High Court
Sultan Ansari vs The State Of Jharkhand on 9 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 4136 of 2019
----
1. Sultan Ansari
2. Masira Khatoon
3. Ajima Khatoon
4. Sakur Miyan @ Sakur Mian
... Petitioners
-versus-
The State of Jharkhand ... Opposite Party
----
CORAM : HON'BLE MR. JUSTICE ANANDA SEN
THROUGH VIDEO CONFERENCING
----
For the Petitioners : Mr. Arshad Hussain, Advocate
Mr. Haider Ali, Advocate
For the State: Mr. P.K. Appu, A.P.P.
----
3/ 09.03.2021 Heard learned counsel for the petitioner and the learned A.P.P. for
the State through Video Conferencing. The lawyers have no objection with
regard to the proceeding which has been held through video conferencing
today at 11.00 a.m.. They have no complain with respect to the audio and
video clarity and quality.
Petitioners, in this criminal miscellaneous petition, have
challenged the order dated 16.11.2018 passed by the Judicial Magistrate First
Class, Giridih in Hirodih Police Station Case No. 40 of 2017 (G.R. No. 1211 of
2017), by which processes under Section 82 of the Code of Criminal
Procedure have been issued against the petitioners.
Counsel for the petitioners submits that the petitioners were
already granted anticipatory bail, but, the anticipatory bail of the petitioners
was cancelled by order dated 07.04.2018 passed in Misc. Case No. 33 of
2017 by the Principal Sessions Judge, Giridih. Thereafter, processes under
Section 82 of the Code of Criminal Procedure have been issued against the
petitioners, which is absolutely bad. He submits that there was some talk of
compromise, but, on mis-judgment of facts, petitioners could not appear before
the Court below.
Be that as it may, the admitted facts are that the petitioners were
granted anticipatory bail. Thereafter the anticipatory bail granted to the
petitioners was recalled and notices were issued to the petitioners as also to
the bailers. The petitioners had challenged the order, by which their
anticipatory bail was recalled, before this Court. The said application before
this Court was numbered as Cr. M.P. No.2123 of 2018, which was taken up by
a Coordinate Bench of this Court on 1st August, 2019. On the said date, i.e., 1st
August, 2019, counsel appearing for the petitioners sought permission to
withdraw the said application with a liberty to raise all the points at an
appropriate stage. The Coordinate Bench of this Court had allowed the
petitioners to withdraw the aforesaid Cr. M.P. No.2123 of 2018. This means
that the order by which the anticipatory bail of the petitioners was recalled is
final and has not been set aside. When the anticipatory bail of the petitioners
was recalled, it was the duty of the petitioners to appear before the Court
below, which the petitioners did not do.
Keeping in view the aforesaid facts, I am not inclined to interfere
with the impugned order dated 16.11.2018 passed by the Judicial Magistrate
First Class, Giridih in Hirodih Police Station Case No. 40 of 2017 (G.R. No.
1211 of 2017). Accordingly, this criminal miscellaneous petition is dismissed.
The petitioners are directed to surrender before the Court below in
connection with Hirodih Police Station Case No.40 of 2017 (G.R. No.1211 of
2017) within two weeks from today.
(Ananda Sen, J.)
Kumar/Cp-03
