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2019 DIGILAW 506 (JHR)

Binod Tiwari @ Vinod Tiwary @ Vinod Tiwari S/o Late Ram Raj Tiwari v. State of Jharkhand

2019-02-19

SHREE CHANDRASHEKHAR

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JUDGMENT : SHREE CHANDRASHEKHAR, J. 1. The petitioner is aggrieved of the order dated 09.10.2012 by which bail-bonds furnished by him have been cancelled and non-bailable warrant of arrest has been issued against him. He has also challenged the subsequent orders by which processes under section 82 Cr.P.C. and section 83 Cr.P.C. have been issued and thereafter he has been declared permanent absconder. 2. After a charge-sheet was filed in Ranka P.S. Case No. 20 of 2007 which was registered for the offence under section 341/323 IPC and under section 3/4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the petitioner was granted anticipatory bail by this Court in A.B.A. No. 412 of 2009. It appears that thereafter the petitioner was represented by his counsel under section 317 Cr.P.C. in the proceeding of G.R. No. 244 of 2007, however, when he did not appear on last few dates by an order dated 09.10.2012 bail-bonds furnished by him have been cancelled and non-bailable warrant of arrest has been issued against him. 3. The entire order-sheet in G.R. No. 244 of 2007 has been produced by the petitioner. 4. By now, it is well-settled that before bail-bonds furnished by an accused are cancelled on the previous date of hearing there should be an order directing the accused to remain physically present in the court [Refer Sandeep Kumar Tekriwal vs. State of Bihar, 2009 (2) PLJR 260 ]. 5. A glance at the proceeding in G.R. No. 244 of 2007 does not disclose that before bail-bonds furnished by the petitioner were cancelled there was a direction by the Magistrate to the accused-petitioner to remain physically present in the court. Still, by an order dated 09.10.2012 bail-bonds furnished by him have been cancelled and non-bailable warrant of arrest has been issued against him. 6. In view of this fact, the order dated 09.10.2012 has been rendered unsustainable and accordingly, it is quashed. 7. As a consequence of this, the subsequent orders by which processes against the petitioner under section 82 Cr.P.C. and under section 83 Cr.P.C. have been issued are quashed. 8. In the result, Cr. M.P. No. 4072 of 2018 is allowed. The petitioner on his appearance shall furnish fresh bail-bonds which, if in order, shall be accepted by the court below.