Padam Kumar Jain vs The State Of Jharkhand
2022 Latest Caselaw 4596 Jhar

                                        1

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr.M.P. No. 3803 of 2022

1. Padam Kumar Jain
2. Janmojay Mahanto                                   ......    Petitioners
                           Versus
The State of Jharkhand                                ......    Opposite Party
                            ---------

CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                           ---------

For the Petitioners : Mr. Anil Kumar Sinha, Sr. Advocate Mr. Saurav Arun, Advocate Mr. Kumar Vaibhav, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P.

3/Dated: 17/11/2022 The present petition has been filed for quashing of order dated

24.06.2022 passed in C/7 Case No. 116/2022, whereby bail and bail bond of the

petitioners have been cancelled and non-bailable warrant of arrest has been issued

against the petitioners, pending in the court of learned Chief Judicial Magistrate,

Chaibasa.

Mr. Anil Kumar Sinha, learned senior counsel for the petitioners submits

by the impugned order the bail and bail bond of the petitioners have been cancelled

and non-bailable warrant has been issued against the petitioners however, petition

under section 317 Cr.P.C. was filed. He submits that he has instruction that the

petitioners are ready to appear before the learned court on the date fixed by this

Court.

Learned counsel for the State submits that since the petitioners have not

appeared the learned court has passed the impugned order.

The court has perused the impugned order dated 24.06.2022 and finds

that representation petition under section 317 Cr.P.C. was filed on behalf of the

petitioners. This is not a case that petitioners were not represented before the

learned court however, the learned court after considering that the judgment was to

be pronounced and the petitioners were not present, cancelled the bail and bail bond

of the petitioners and issued N.B.W. against them.

Considering that representation was there and without issuing notice to the

bailors, said order has been passed and particularly that petitioners were represented

before the learned court, the petitioners are directed to appear before the learned

court on or before 28.11.2022. If the petitioners appear on or before such date,

N.B.W. shall not be given effect to and the petitioners shall be allowed to remain on

same bail bond which has been cancelled.

It is made clear that if the petitioners fail to appear before the learned

court on or before the date assigned by this Court, the learned court shall take all the

coercive steps against the petitioners.

With the aforesaid observation and direction, this criminal miscellaneous

petition stands disposed of. I.A., if any, stands disposed of.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/