Dismissed

Maheshwar Rajak v. the State of Jharkhand

Jharkhand HC9 Aug 2023Cr.M.P./155/2023

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Miscellaneous Petition seeking to quash a bail cancellation order and non-bailable warrant. The judge held that since the petitioner was not in custody, the warrant had not been executed, rendering the impugned order without illegality. The court fixed a deadline for surrender to obtain regular bail.

What did the court decide?

Petitioner directed to surrender within two weeks to regular bail court; Cr.M.P. disposed of.

Maheshwar Rajak Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.155 of 2023

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Maheshwar Rajak … Petitioner Versus … The State of Jharkhand Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Lukesh Kumar, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl. P.P.

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Order No.04 Dated- 09/08/2023

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Heard the parties.

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This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 02.08.2019 and consequential order passed by the learned S.D.J.M., Bermo at Tenughat in connection with Jaridih P.S. Case No.100 of 2013 corresponding to G.R. No.682 of 2013 whereby and where under the learned Magistrate when the case was fixed for statement of the accused under Section 313 Cr.P.C. and the accused did not appear, no representation was prayed for, cancelled the bail of the accused/petitioner and ordered issue of non-bailable warrant of arrest. Learned counsel for the petitioner draws the attention of this Court to the order passed by a co-ordinate Bench of this Court in Cr.M.P. No.3971 of 2022 when the same order was challenged by the co-accused persons, the co-ordinate Bench has inter alia ordered as under:-

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“In the event of appearance of the petitioner in the concerned court on or before 22.12.2022 if the N.B.W has not been executed the same shall not be executed and the petition filed if any by the petitioner the same shall be disposed of on the same day.”

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Hence, it is submitted that the same order be passed.

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It is pertinent to mention here that the non-bailable warrant of arrest is executed only when the accused is arrested. So, once the petitioner is arrested the only way out available to the person arresting the accused against whom non-bailable warrant of arrest has been issued, to produce the accused before the court which has issued non-bailable warrant of arrest. In this case it is

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apparent that since the petitioner is not in custody so the non-bailable warrant of arrest has not been executed.

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Since, there is no illegality in the said order 02.08.2019, this Court is not inclined to interfere with the same.

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Learned counsel for the petitioner submits that the petitioner will appear before the trial court to surrender within two weeks and will pray for regular bail.

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In case the petitioner surrenders before the court concerned within two weeks from the date of this order and prays for regular bail, the same shall be considered by the court concerned in accordance with law.

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This Cr.M.P. stands disposed of accordingly.

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(Anil Kumar Choudhary, J . )

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Animesh/

Maheshwar Rajak v. the State of Jharkhand

Case brief

What is this about?

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Maheshwar Rajak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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