Petitioner sought restoration of A.B.A. No.5357 of 2018, dismissed for non-prosecution due to counsel's failure to mark the case. Court restored the application to the original file for reappearance without objection from the State.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.392 of 2023
Md. Mokkaram @ Mokkaram Mohamad @ Md. Mukram @ M. M. Khan … Petitioner
Versus
… The State of Jharkhand Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Niranjan Kumar, Advocate For the State : Ms. Ruby Pandey, Addl.P.P. ------
Order No.04 Dated- 17/03/2023
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioner with a prayer for restoration of A.B.A. No.5357 of 2018 to its original file which stood dismissed for non-prosecution on 12.04.2019.
It is submitted by the learned counsel for the petitioner that A.B.A. No.5357 of 2018 stood dismissed for non-prosecution on 12.04.2019. It is next submitted that the said A.B.A. No.5357 of 2018 was listed before this Bench on 12.04.2019 but the counsel for the petitioner could not mark the case in his list, hence, no one appeared before this Bench on 12.04.2019, when the case was called out, resulting in dismissal of the said A.B.A. No.5357 of 2018. It is next submitted that nonappearance before this Bench on 12.04.2019 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said A.B.A. No.5357 of 2018 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the A.B.A. No.5357 of 2018 be restored to its original file.
Learned Addl.P.P. appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioner, A.B.A. No.5357 of 2018 is directed to be restored to its original file at the same stage at which it was before its dismissal.
Registry is directed to list A.B.A. No.5357 of 2018 before the concerned Bench after a week.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J . )
Animesh/
2 issues framed by the court
Whether the dismissed Appealable Bail Application (A.B.A.) No.5357 of 2018 should be restored to its original file due to the petitioner's inadvertent non-appearance.
Whether the petitioner is entitled to restoration of the A.B.A. without merit evaluation.
Md. Mokkaram @ Mokkaram Mohamad @ M. Mukram @ M. M. Khan
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
