Aman Prasad @ Shiv Narayan Prasad v. State Of Jharkhand
2020-02-03
ANUBHA RAWAT CHOUDHARY
body2020
DigiLaw.ai
JUDGMENT 1. Heard Mr. Pratik Sen, learned counsel appearing on behalf of the petitioner. 2. Heard Mr. S. K. Sharma, learned counsel appearing on behalf of the State. 3. This petition has been filed for the following reliefs: - ''That in the instant application, the petitioner prays for invocation of the inherent powers of this Honble Court for quashing the order dated 23.08.2019 passed by learned Additional Sessions Judge-X, Jamshedpur, in connection with S.T. Case No. 372/19, arising out of Sitaramdara P.S. Case No. 43 of 2019, whereby and whereunder, learned Additional Sessions Judge-X, Jamshedpur has been pleased to cancel the bail and issued N.B.W. against the petitioner, now the case is pending in the Court of learned Additional Sessions Judge-X, Jamshedpur.'' 4. Learned counsel for the petitioner submits that from the order-sheet dated 16.08.2019 of the learned court below, it appears that the case was transferred to the court of learned Additional Sessions Judge-VII and the next date was fixed on 23.08.2019. He further submits that in the meantime, the petitioner was granted bail by this Court on 13.08.2019 with a condition that the petitioner would appear on each and every date before the learned court below and on account of even single default, the bail bond of the petitioner will be cancelled by the learned court below. The learned counsel further submits that the bail bond was furnished by the petitioner on 17.08.2019 and the same accepted by the learned court of Additional Sessions Judge-VII, although the next date fixed in the case on 23.08.2019. However, from the order-sheet dated 21.08.2019 of the learned court below, it appears that the case was transferred to another court i.e. the learned court of Additional Sessions Judge-X. 5. The learned counsel for the petitioner submits that prior to next date i.e. on 23.08.2019, the case was again transferred to another court, due to which, the petitioner could not appear before the court of learned Additional Sessions Judge-X on 23.08.2019 and consequently his bail bond has been cancelled and non-bailable warrant of arrest against the petitioner has been issued against the petitioner.
The learned counsel further submits that non-appearance of the petitioner before the court of learned Additional Sessions Judge-X was absolutely bonafide, as the matter was prefixed to be listed on 23.08.2019 before the learned Additional Sessions Judge-VII and prior to that date, the case was already transferred to another court i.e. the court of learned Additional Sessions Judge-X. The learned counsel submits that the learned court below has wrongly recorded that the petitioner has intentionally violated the order of the High Court by not appearing physically on 23.08.2019. 6. Learned counsel for the State, on the other hand, does not dispute the aforesaid factual aspects which are based on the records of the case, as the entire order-sheet of the learned court below has been annexed along with this petition. 7. After hearing the counsel for the parties, this Court finds that the non-appearance of the petitioner on 23.08.2019 before the court of learned Additional Sessions Judge-X appears to be bonafide, in as much as, the case was transferred to the court of learned Additional Sessions Judge-VII and the next date was fixed on 23.08.2019 and prior to 23.08.2019, on 21.08.2019 itself, the case was transferred to the court of learned Additional Sessions Judge-X. 8. Considering the facts and circumstances of this case, this Court finds that the order-sheet dated 23.08.2019 cancelling the bail bond of the petitioner and issuing non-bailable warrant of arrest against the petitioner is fit to be set-aside as it appears that non-appearance of the petitioner on 23.08.2019 before the court of learned Additional Sessions Judge-X was bonafide. 9. At this stage, the learned counsel for the petitioner submits that he will ensure that the condition of bail which has been imposed by this Court vide order dated 13.08.2019 in B.A. No. 6848/2019 while granting the bail, will be complied with in letter and spirit. He submits that the next date before the learned court below is on 06.02.2020, on which day, he undertakes to appear before the learned court below in accordance with order dated 13.08.2019 passed in B.A. No. 6848/2019. 10. Considering the facts and circumstances of this case, order dated 23.08.2019 passed by the learned Additional Sessions Judge-X, is hereby set-aside. 11. Since the order dated 23.08.2019 has been set-aside by this Court, therefore the petitioner shall remain under same bail bonds already furnished by the petitioner before the learned court below. 12.
10. Considering the facts and circumstances of this case, order dated 23.08.2019 passed by the learned Additional Sessions Judge-X, is hereby set-aside. 11. Since the order dated 23.08.2019 has been set-aside by this Court, therefore the petitioner shall remain under same bail bonds already furnished by the petitioner before the learned court below. 12. Accordingly, this petition is hereby disposed of. 13. Let this order be communicated to the learned court below through FAX.