Sanoj Kumar vs The State Of Jharkhand
2022 Latest Caselaw 5119 Jhar

              IN      THE HIGH COURT OF JHARKHAND AT RANCHI
                                       Cr.M.P. No. 4324 of 2022
              Sanoj Kumar                                     .....    ...    Petitioner
                                            Versus
              The State of Jharkhand                           .....   ...    Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. J.S. Singh, Advocate.

                             :        Mr. Dev Nandan Rajak, Advocate
      For the State          :        Mr. P.K. Chatterjee, Spl.P.P.
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02/ 16.12.2022 This petition has been filed for quashing of the order dated 21.09.2022, passed by learned Additional Sessions Judge-VI, Hazaribag, in S.T. No. 83 of 2014, arising out of Sadar P.S. Case No. 778 of 2013 corresponding to G.R. No. 3476 of 2013, whereby, the learned court has cancelled the bail of the petitioner and has issued the non-bailable warrant of arrest against him.

Learned counsel appearing for the petitioner submits that the petitioner has moved before this Hon'ble Court in Cr. Rev. Nos. 401 of 2021 and 245 of 2022 respectively and in both the cases, the judgment has been reserved by a co-ordinate Bench of this court and this fact has also been brought to the knowledge of the learned court, in spite of that, by the aforesaid order, the learned court has cancelled the bail of the petitioner and also issued non-bailable warrant of arrest against him.

Learned Spl.P.P. appearing for the State submits that the petitioner has not appeared on three consecutive dates, that's why the learned court has passed the aforesaid order.

In view of such submissions of the parties, it appears that the bail of the petitioner has been cancelled earlier also for non-appearance. Although, the judgment has been reserved by this Court, it was incumbent upon the petitioner to appear before the learned court, but he has not appeared before the learned court, that's why, the learned court was compelled to cancel the bail of the petitioner. However, the petitioner is ready to appear before the learned court. It also transpires that the learned court without issuing notice to the bailor, has cancelled the bail of the petitioner.

In that view of the matter, the petitioner is directed to appear before the learned court on or before 22.12.2022. In the event of his appearance, the petitioner shall be allowed to remain on the same bail bond. It is made clear that on failure of appearance by the petitioner, the learned Court shall take all coercive action against the petitioner.

With the above direction, this criminal miscellaneous petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-