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2022 DIGILAW 272 (RAJ)

Aadesh Devkumar S/o Sh. Devkumar And Other v. Raunak Doshi S/o Sh. Bhim Singh Ji Doshi

2022-01-27

FARJAND ALI

body2022
ORDER 1. By way of these miscellaneous petitions, petitioners have been made challenge to the orders dated 25.08.2021 passed by the Judicial Magistrate in Criminal Cases No.100/2020, 272/2020 and 172/2020 titled as ’Raunak Dosi vs. Aadesh Dev Kumar’ whereby the learned Magistrate initiated proceedings under Section 446 of the Cr.P.C. and also directed to open proceedings under Section 82-83 of the Cr.P.C. 2. What transpires from the petition and the annexures is that the petitioner is facing trial for the accusation of committing offence punishable under the Negotiable Instruments Act. Due to failing in marking presence before the learned trial court on the due date, his bail bonds were forfeited and therefore, proceedings under Section 446 as well as under Section 82-83 of Cr.P.C. have been directed to be initiated. 3. Since the matter pertains to a bailable offence and the accused-petitioners are ready and willing to appear before the learned Trial Court and willing to face the course of trial, therefore, instead of quashing the order impugned, it is deemed appropriate to direct the petitioner to appear before the learned Trial Court on or before 25.02.2022 and move a regular bail application alongwith reply-cum-explanation of proceedings under Section 446 of Cr.P.C. 4. In the event the accused-petitioner appears and move a regular bail application, the learned Trial Court shall release the accused-petitioner on the very same day provided he furnishes bail bonds to the satisfaction of the learned Trial Court. He shall deposit the entire amount of bond under Section 446 of Cr.P.C. with the learned Trial Court on the very same day i.e 25.02.2022. 5. Meanwhile, the effect and operation of order dated 25.08.2021 shall remain stayed. 6. This miscellaneous petition is disposed of accordingly. The stay petition is also disposed of. 7. A copy of this order shall separately be attached in all three petitions.