Disposed

Chotu Alias Guddu Kumar Alias Adarsh Kumar v. the State of Jharkhand

Jharkhand HC16 Oct 2023W.P.(Cr.)/733/2023

Case brief

AI extract

What is this about?

High Court considered a petition to quash an order cancelling bail and issuing N.B.W. due to petitioners' absence. Court adjourned matter, directed appearance, and stayed N.B.W. if petitioners appear before the designated date.

What did the court decide?

Petitioners directed to appear before lower court on or before 22.11.2023; if appearance made, N.B.W. not to be given effect and bail bonds reinstated.

Chotu Alias Guddu Kumar Alias Adarsh Kumar Vs the State of… — Bail and Remand | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P.(Cr.) No. 733 of 2023 ----

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1.Chotu alias Guddu Kumar @ Adarsh Kumar

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2.Sanjeev Kumar .... Petitioner -- Versus -- The State of Jharkhand .... Respondent

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Binod Singh, Advocate For the State :- Mr. Deepankar Roy, Advocate ----

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3 /16.10.2023 This petition has been filed for quashing of the order dated 26.05.2023 whereby the bail of the petitioners have been cancelled and N.B.W. has been directed to be issued in connection with Sukhdeonagar P.S. Case No.644 of 2018, corresponding to G.R. No.257 of 2019, pending in the court of learned Judicial Magistrate, Ranchi.

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Mr. Binod Singh, the learned counsel for the petitioners submits that by the impugned order dated 26.05.2023, the learned court has cancelled the bail of the petitioners on the ground that the petitioners were not present. He submits that it appears that the advocate appointed by the petitioners was not taken steps on that date and in view of that, the said order has been passed. He submits that the petitioners are ready to appear before the learned court on the date fixed by this Court.

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Mr. Deepankar, the learned counsel for the respondent State submits that witnesses were present in the court and no steps was taken and in view of that, the learned court has passed the order for cancellation of bail having no option.

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In view of the above, it appears that the witnesses were present in the court and the petitioners were not present and even the advocates were not taken any steps on behalf of the petitioners and in view of that, the learned court has passed the said order. It appears that the court was not having any option as the witnesses were present in the

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court. However, in the interest of justice, considering the submission of Mr. Binod Singh, the learned counsel appearing on behalf of the petitioners, that the petitioners are ready to appear before the learned court, this matter is disposed of with direction to the petitioners to appear before the learned court on or before 22.11.2023.

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In the event of their appearance on or before the said date before the learned court concerned, the N.B.W shall not be given effect to and the petitioners will be allowed to remain on the said bail bonds which has been cancelled.

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It is made clear, that if the petitioners fail to appear before the learned concerned court on or before the date fixed, all coercive measures shall be taken by the learned court.

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W.P.(Cr.) No. 733 of 2023 is disposed of.

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( Sanjay Kumar Dwivedi, J.)

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SI/

Chotu Alias Guddu Kumar Alias Adarsh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Chotu Alias Guddu Kumar Alias Adarsh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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