Petitioner, an accused in an accident case, moved for bail after voluntary surrender due to prolonged bail trial and lack of knowledge regarding warrant. Court granted bail after hearing.
Petitioner was released on bail by furnishing bond and two sureties of Rs. 20,000 each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4817 of 2019
Boda Majhi … … Petitioner Versus
The State of Jharkhand … … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Abhishek Kumar Dubey, Advocate For the State : Mr. Maoj Kumar No. 2, A.P.P. -----
02/13.06.2019 Heard the learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Sections 279/304-A of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner was initially granted bail by the court below itself vide order dated 13.07.2005. Thereafter, the petitioner continuously faced the trail for six years. However, on 11.08.2011, though attendance was filed on behalf of the petitioner before the court below, but he could not appear on call. Hence, his bail bond was cancelled by the court below and the office was directed to issue non-bailable warrant against him. The petitioner being a driver had gone to West Bengal to earn his livelihood and he had no knowledge of issuance of non-bailable warrant against him. As soon as he came to know about the same, he voluntarily surrendered before the court below on 22.02.2019. The petitioner undertakes that he will fully co-operate in the trial and shall physically appear before the trial court as and when his presence is required.
The learned A.P.P. opposes the petitioner's prayer for bail.
Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Seraikella, in connection with Gamharia P.S. Case No. 55 of 2005, corresponding to G.R. No. 402 of 2005, subject to the condition that the petitioner shall co-operate in the trial and shall be physically present before the trial court as and when his presence is required, failing which the trial court shall be at liberty to pass appropriate order in accordance with law.
(Rajesh Shankar, J.)
Manish
2 issues framed by the court
Whether the petitioner should be granted bail after surrendering voluntarily.
Whether the bail bond previously cancelled should be reconsidered for release.
1 provisions across 1 enactments
Boda Majhi
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
