Allowed

Balchand Prasad Yadav Alias Balchand Yadav v. the State of Jharkhand

Jharkhand HC21 Apr 2022Cr.M.P./129/2022

Case brief

AI extract

What is this about?

This petition challenged orders cancelling bail and directing issuance of process for non-appearance. The Court found that process was issued by the office without a judicial order. Finding the initial order ultra vires, the Court quashed all impugned orders directing appearance of petitioners.

What did the court decide?

Orders dated 05.07.2017, 06.02.2018 and 18.01.2019 set aside; Petitioners directed to appear on 09.05.2022.

Balchand Prasad Yadav Alias Balchand Yadav Vs the State of… — Bail and Remand | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 129 of 2022

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Balchand Prasad Yadav @ Balchand Yadav aged about 58 years

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Ramchandra Yadav, aged about 51 years Both S/o Late Suba Yadav

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Ashok Yadav, aged about 32 years, S/o Balchand Yadav

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Lekho Mahto @ Lekho Yadav @ Yadav, aged about 51 years, S/o Late Holi Mahto

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Pappu Yadav, aged about 37 years, S/o Jagdish Yadav All are R/o Vill- Pratappur, P.O. & P.S. Jamua, District- Giridih

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… Petitioners

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-Versus-

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The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Mritunjay Chaudhary, Advocate For the Opposite Party-State : Mr. P.D. Agrawal, Spl.P.P.

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04/21.04.2022. Heard Mr. Mritunjay Chaudhary, learned counsel for the petitioners

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and Mr. P.D. Agrawal, learned counsel for the State.

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This petition has been filed for quashing the orders dated 16.05.2017, 05.07.2017, 06.02.2018 and 18.01.2019, whereby, bail bond of the petitioners have been cancelled, process under Sections 82 and 83 Cr.P.C. have been directed to be issued against the petitioners and the petitioners have been declared absconder and direction was given to issue permanent warrant respectively in connection with Jamua P.S. Case No.50/2010, corresponding to G.R. No.507/2010, pending in the court of the learned Judicial Magistrate, 1^st Class, Giridih.

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Learned counsel for the petitioners submits that due to fault of the lawyer, the petition under Section 317 Cr.P.C. was not filed for 45 days and in view thereof, the cancellation order of bail has been passed vide order dated 16.05.2017. He further submits that there is no order of the court and in the margin of the order dated 03.07.2017 the office has issued 82 Cr.P.C. process on 05.07.2017 in absence of any order. He also submits that in

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-2-

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absence of order of the Court, the office is not authorized to issue such process. He further submits that vide order dated 06.02.2018, process under Section 83 Cr.P.C. has been directed to be issued against the petitioners and vide subsequent order dated 18.01.2019, the petitioners have been declared absconder and direction was given to issue permanent warrant.

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Mr. P.D. Agrawal, learned counsel for the State submits that the petitioners were on bail and since for 3 to 4 days, they have not appeared, their bail bonds have been cancelled.

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In view of the above facts and looking to the impugned orders, it transpires that the office has issued process under Section 82 Cr.P.C. on 05.07.2017 in absence of any order of the court, which has been issued unauthorizedly. Since the order dated 05.07.2017 itself is bad in law, subsequent orders dated 06.02.2018 and 18.01.2019 shall not survive. Accordingly, the orders dated 05.07.2017, 06.02.2018 and 18.01.2019, passed in connection with Jamua P.S. Case No.50/2010, corresponding to G.R. No.507/2010, pending in the court of the learned Judicial Magistrate, 1^st Class, Giridih are, hereby, set aside. The petitioners shall appear in the concerned court on 09.05.2022. Any petition filed by the petitioners shall be considered and disposed of by the concerned court on the same day.

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Accordingly, this petition stands disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

Balchand Prasad Yadav Alias Balchand Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Balchand Prasad Yadav Alias Balchand Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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