Randhir Prasad Singh vs The State Of Jharkhand
2022 Latest Caselaw 1924 Jhar

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 3387 of 2019
       Randhir Prasad Singh                          .....    ...   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. Pratiyush Lala, Advocate.

       For the State            :        Mr. Sunil Kumar Dubey, A.P.P.
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04/ 11.05.2022       Heard Mr. Pratiyush Lala, learned counsel appearing for the

petitioner and Mr. Sunil Kumar Dubey, learned A.P.P. for the State.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This criminal miscellaneous petition has been filed for quashing of the orders dated 17.11.2008, 10.09.2015 and 01.03.2016, whereby Non-bailable warrant of arrest and processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioner, in connection with Dhanbad (Dhansar) P.S. Case No. 430 of 1989 corresponding to G.R. No. 1715 of 1989 [S.T. No. 111 of 2012], pending in the Court of learned A.D.J.- VIII, Dhanbad.

4. Learned counsel appearing for the petitioner submits that earlier the petitioner was on bail and subsequently chargesheet has been submitted on 17.11.2008 and on the same day, since the petitioner was not present, his bail was cancelled and Non-bailable warrant of arrest has been issued against the petitioner. He relied in a judgment of the Hon'ble Supreme Court in the case of Free Legal Aid Committee, Jamshedpur Versus State of Bihar, reported in (1982) 3 SCC 378, wherein the Hon'ble Supreme Court has held that whenever an accused is released on bail, he need not be required to appear before the court until the chargesheet is filed and the process is issued by the court. The law does not require the accused to appear before the Magistrate's court every 14 days even though he is on bail. Such practice causes considerable inconvenience to the accused. In view of this judgment, he submits that on the very same day, without issuing the summon, bail of the petitioner has been cancelled, which is not in accordance with law. He further submits that the subsequent order dated 10.09.2015, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner, is also not in accordance with law, as no satisfaction of the court has been recorded therein and there is statutory provision with regard to date and time is not disclosed in the said order. Learned counsel further submits that the petitioner is now 73 years old.

5. Learned A.P.P. appearing for the State submits that there is no illegality in the impugned orders.

6. It appears that the petitioner was on bail and on 17.11.2008, chargesheet has been submitted and on the same day, the bail of the petitioner has also been cancelled and by the subsequent orders dated 10.09.2015 and 01.03.2016, processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioner.

7. On perusal of the order dated 10.09.2015, it transpires that there is no satisfaction recorded by the concerned Court. There is no indication of Form-IV Cr.P.C., which is statutory in nature, as held by this court in Md. Rustam Alam @ Rustum & Ors. V. The State of Jharkhand, reported in 2020 (2) JLJR 712.

8. Since the order dated 10.09.2015, by which, process under Section 82 Cr.P.C. has been directed to be issued against the petitioner is not in accordance with law, the subsequent order will not survive.

9. Accordingly, the orders dated 17.11.2008, 10.09.2015 and 01.03.2016, whereby Non-bailable warrant of arrest and processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioner, in connection with Dhanbad (Dhansar) P.S. Case No. 430 of 1989 corresponding to G.R. No. 1715 of 1989 [S.T. No. 111 of 2012], pending in the Court of learned A.D.J.- VIII, Dhanbad, are hereby, quashed and set aside.

10. The petitioner shall appear before the concerned court on or before 06.06.2022. Any petition, filed by the petitioner shall be considered and disposed of in accordance with law on the same day.

11. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-