[Cites 5, Cited by 0]
Jharkhand High Court
Zaki Azmal @ Sonu @ Md. Zaki Azmal Sonu vs The State Of Jharkhand ... Opposite ... on 17 February, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1363 of 2024
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Zaki Azmal @ Sonu @ Md. Zaki Azmal Sonu, aged about 47
years, son of Late Gulam Mustafa, resident of Road No. 14,
Jawahar Nagar, Azad Nagar, P.O. and P.S. Mango, Town
Jamshedpur, District East Singhbhum, Jharkhand.
... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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For the Petitioner : Mr. Ashutosh Mishra, Advocate
(through Video Conferencing)
For the State : Mr. Abhay Kr. Tiwari, Addl.P.P.
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PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Section 482 of the Code of Criminal
Procedure with the prayer to quash and set aside the order dated
17.08.2023 passed by the learned Additional Sessions Judge-IV,
Jamshedpur in S.T. Case No. 432 of 2019 arising out of Mango P.S. Case
No. 149 of 2017 whereby and where under bail bond of the petitioner
has been cancelled and the order has been passed for issue of non-
bailable warrant of arrest and also the process under section 82-83 of
the Code of Criminal Procedure.
3. Perusal of the record reveals that on 17.08.2023, the petitioner
filed a petition through his Advocate to be represented through his
Advocate by dispensing with his personal appearance. Since, in spite
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of repeated direction given to the petitioner to appear physically on
17.08.2023; the petitioner did not comply with the order of the learned
trial court, hence, the representation petition and the prayer to
dispense with the personal appearance of the petitioner was rejected by
the learned Additional Sessions Judge and bail bond of the petitioner
was cancelled but simultaneously besides issue of the non-bailable
warrant of arrest, the process under Section 82 - 83 of the Code of
Criminal Procedure was directed to be issued.
4. Keeping in view non-cooperating attitude of the petitioner in the
matter, the case of the petitioner was split up and the statement under
Section 313 of the Code of Criminal Procedure of the co-accused
persons was recorded.
5. Learned counsel for the petitioner submits that the co-accused
persons have been acquitted by the learned Additional Sessions Judge-
IV, Jamshedpur vide the judgment dated 05.09.2023. It is next
submitted that non-appearance of the petitioner on 17.08.2023, the
learned trial court having issued the non-bailable warrant of arrest
along with the process under Sections 82 and 83 of the Code of
Criminal Procedure on the same day, the same is not sustainable in
law. Hence, it is submitted that the prayer as prayed for in this
Criminal Miscellaneous Petition be allowed.
6. Learned Addl.P.P. appearing for the State on the other hand
vehemently opposes the prayer of the petitioner made in this Criminal
Miscellaneous Petition and submits that the undisputed fact remains
that on 17.08.2023, S.T. Case No. 432 of 2019 was fixed for recording of
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the statement under Section 313 of the Code of Criminal Procedure of
all the accused persons and as the petitioner did not cooperate with the
recording of the statement under Section 313 of the Code of Criminal
Procedure; hence, the learned court below has rightly rejected the
prayer for dispensing with the personal appearance of the petitioner
and cancelled the bail of the petitioner and issued non-bailable warrant
of arrest. Hence, it is submitted that this Criminal Miscellaneous
Petition, being without any merit, be dismissed.
7. Having heard the rival submissions made at the Bar and after
carefully going through the materials available in the record, it is
pertinent to mention here that S.T. Case No. 432 of 2019 was fixed to
17.08.2023 for recording of the statement under Section 313 of the Code
of Criminal Procedure and despite repeated directions given by the
learned Additional Sessions Judge-IV, Jamshedpur, the petitioner was
not appearing physically before the learned Additional Sessions Judge-
IV, Jamshedpur.
8. Under such circumstances, keeping in view the fact that the
three co-accused were diligently appearing in the said case, the
conduct of the petitioner in harassing the co-accused persons and
delaying the disposal of the Sessions Trial by not remaining physically
present before the trial court in violation of the specific order for his
personal appearance, this Court do not find any illegality in the order
dated 17.08.2023 whereby and where under the learned Additional
Sessions Judge-IV, Jamshedpur has rejected the prayer to dispense
with the personal appearance of the petitioner on 17.08.2023 to which
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date the case was fixed for recording of the statement under Section
313 of the Code of Criminal Procedure and consequently, cancelling
the bail granted to the petitioner and issuing the non-bailable warrant
of arrest.
9. So far as the portion of the order by which the learned
Additional Sessions Judge-IV, Jamshedpur has passed order for issuing
the process under Section 82-83 of the Code of Criminal Procedure is
concerned, certainly the said portion of the order is not sustainable in
law, as it is a settled principle of law that the court which intends to issue
the proclamation under Section 82 of the Code of Criminal Procedure,
must record its satisfaction that the accused in respect of whom the
proclamation under Section 82 of the Code of Criminal Procedure is
made, is absconding or concealing himself to evade his arrest and for
simultaneously issuing the attachment order of property of the
petitioner along with the proclamation under Section 82 of the Code of
Criminal Procedure, the additional requirement is that the court must
be satisfied by affidavit or otherwise that the person in relation to
whom the proclamation is to be issued is:-
(a) about to dispose of the whole or any part of his property, or
(b) about to remove the whole or any part of his property from
the local jurisdiction of the court.
10. Now coming to the facts of the case, the perusal of the impugned
order reveals that the learned Additional Sessions Judge-IV,
Jamshedpur has not recorded any satisfaction to the effect that the
petitioner is absconding or concealing himself to evade his arrest and
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without recording such satisfaction, the proclamation under Section 82
of the Code of Criminal Procedure and simultaneously the order of
attachment of the property under Section 83 of the Code of Criminal
Procedure have been issued against the petitioner without any material
available in the record to suggest that the petitioner was about to
dispose of whole or any part of the property or about to remove whole
or any part of the property from the local jurisdiction of the learned
Additional Sessions Judge-IV, Jamshedpur. Therefore, this Court has
no hesitation in holding that the said portion of the order dated
17.08.2023 by which the learned Additional Sessions Judge-IV,
Jamshedpur has passed order for issuing the process under Section 82-
83 of the Code of Criminal Procedure, is not sustainable in law and the
same is liable to be quashed and set aside.
11. Accordingly, the portion of the order dated 17.08.2023 passed by
the learned Additional Sessions Judge-IV, Jamshedpur in S.T. Case No.
432 of 2019 arising out of Mango P.S. Case No. 149 of 2017 so far as it
relates to the issue of process under Sections 82 & 83 of the Code of
Criminal Procedure against the petitioner, is quashed and set aside
against the petitioner named above.
12. The learned Additional Sessions Judge-IV, Jamshedpur or its
successor court may pass a fresh order in accordance with law but it is
made clear that the said order dated 17.08.2023 passed by the learned
Additional Sessions Judge-IV, Jamshedpur in S.T. Case No. 432 of 2019
arising out of Mango P.S. Case No. 149 of 2017 so far as it relates to
cancellation of bail consequent upon dispensing personal appearance
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of the petitioner and issue of non-bailable warrant of arrest against the
petitioner is maintained.
13. This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 17th of February, 2026
AFR/ Saroj
Uploaded on 19/02/2026
