The Single Bench disposed of a bail cancellation matter by fixing a date for the petitioner to appear. Upon appearance, the cancellation order is to remain ineffective, and bail is to continue.
Petitioner directed to appear on 10.01.2023; if present, the bail cancellation order shall not be enforced.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 2952 of 2022
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1.Ahmad Hussain, aged about 50 years
2.Md. Israfeel aged about 49 years
Both sons of late Abdul Gafur, resident at Hutti Bazar, PO and PS Giridih District Giridih
3.Md.Salim aged about 49 years, son of Mohammad Samid, resident of village Bhandaridih, PO and PS Giridih, District Giridih
….. Petitioners
-- Versus -- The State of Jharkhand and Anr. …... Opposite Parties
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioners :- Mr. Kamdeo Pandey, Advocate For the State :- Mr.Vineet Kumar Vashishtha, Spl.P.P.
/22.12.2022 Heard Mr. Kamdeo Pandey, learned counsel appearing for the petitioner and Mr. Vineet Kumar Vashishtha, learned A.P.P. for the State.
2
This criminal miscellaneous petition has been filed for quashing of the order dated 13.03.2018, whereby bail of the petitioner has been cancelled, in connection with Giridih (T) P.S. Case No. 109 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Giridih.
Learned counsel appearing for the petitioner submits that due to non-appearance of the petitioner for one day, by order dated 13.03.2018 the bail of the petitioner has been cancelled and non-bailable warrant of arrest has been issued against the petitioner.
Learned counsel for the State submits that the petitioner has not appeared before the concerned court, that’s why the aforesaid order has been passed.
In view of the above and considering the submissions of the parties and in the interest of justice, the petitioner is directed to appear before the concerned Court on or before 10.01.2023.
In the event of appearance of the petitioner, the order dated 13.03.2018 shall not be given effect and the petitioner be allowed to remain on the same bail bond, on which, he was enlarged on bail earlier.
If the petitioner fails to appear, the concerned Court shall take all coercive measures against the petitioner.
With the above observation, this criminal miscellaneous petition
is disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
Ahmad Hussain
Md. Israfeel
Md.Salim
The State of Jharkhand
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
