Sahdeo Hembram Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Sahdeo Hembram Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional relief: on the petitioners appearing before the learned Court on or before 02.09.2024, the order dated 11.08.2022 of the Additional Chief Judicial Magistrate, Jamtara shall not be given effect to; if they fail to appear, all coercive measures shall be taken against them.

Issue for consideration

Whether the order dated 11.08.2022 passed by the learned Additional Chief Judicial Magistrate, Jamtara cancelling the petitioners' bail bonds and issuing non-bailable warrants of arrest should be quashed.

Court's answer

The writ petition is disposed of, directing the petitioners to appear before the learned Court (where the matter is pending) on or before 2nd September, 2024.

Ratio / Principle

If the petitioners appear before the learned Court, the impugned order dated 11.08.2022 passed by the learned Additional Chief Judicial Magistrate, Jamtara shall not be given effect to.

Key takeaways

If the petitioners fail to appear before the learned Court, all coercive measures shall be taken against them by the learned Court.ratio¶19

Detailed headnote1 paragraphs

W.P. (Cr.) No. 139 of 2024 (High Court of Jharkhand, Ranchi; Hon'ble Justice Sanjay Kumar Dwivedi; decided 20.08.2024). Four accused — Sahdeo Hembram, Nunulal Tudu, Mester Tudu @ Mestro Tudu @ Mestor Tudu and Rashilal Tudu @ Rashilal Hembram @ Rasilal Tudu — on bail in Narayanpur P.S. Case No.101/2015 corresponding to G.R. Case No.560/2015 pending before the Additional Chief Judicial Magistrate, Jamtara, prayed for quashing of the order dated 11.08.2022 whereby their bail bonds were cancelled and non-bailable warrants of arrest issued after they missed one appearance during the Covid-19 pandemic, the matter then being fixed for Section 313 Cr.P.C. Petitioners' counsel submitted they had been regularly represented and were ready to appear; State counsel defended the order citing the Section 313 Cr.P.C. stage. The High Court disposed of the petition, directing the petitioners to appear before the learned Court on or before 2nd September, 2024; upon such appearance the 11.08.2022 order shall not be given effect to, whereas failure to appear would result in all coercive measures being taken against them.

IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 139 of 2024

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Sahdeo Hembram aged about 42 years son of Bipin Hembram

Nunulal Tudu aged about 45 years son of Jitan Tudu

Mester Tudu @ Mestro Tudu @ Mestor Tudu aged about 58 years son of Keshar Tudu.

All resident of Village – Mohojuri, P.O and P.S. – Margoumnda, District – Deoghar.

Rashilal Tudu @ Rashilal Hembram @ Rasilal Tudu aged about 54 years son of Jagan Tudu resident of Village – Dhauda Dhaloan P.O. – Margomunda, P.S. – Margomunda, District – Deoghar .... Petitioners

-- Versus -- The State of Jharkhand .... Respondent

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --For the Petitioners :- Mr. Sudhir Kumar Roy, Advocate For the State :- Mr. Mohammad Asghar, AC to Sr. SC II ---05 /20.08.2024 Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondent State.

2. The prayer in the writ petition is made for quashing the order dated 11.08.2022 passed by learned Additional Chief Judicial Magistrate, Jamtara in connection with Narayanpur P.S. Case No.101/2015 corresponding to G.R. Case No.560/2015 whereby the bail bond of the petitioners has been cancelled and non-bailable warrant of arrest has been issued against them.

3. Learned counsel appearing for the petitioners submits that

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W.P. (Cr.) No. 139 of 2024

the petitioners were represented through the lawyers continuously before the learned Court, however on one day, they have not appeared as such the said order has been passed during the pandemic of Covid-19. He submits that the petitioners are ready to appear before the learned Court.

4. Learned counsel appearing for the respondent State submits that since the matter was fixed for Section 313 Cr.P.C. the learned Court was not having any option and he has rightly passed the order.

5. In view of the above and considering that the petitioners are ready to appear before the learned Court, this petition is being disposed of directing the petitioners to appear on or before the 2^nd September, 2024 before the learned Court where the matter is pending.

6. If the petitioners appear before the learned Court, the order dated 11.08.2022 passed by learned Additional Chief Judicial Magistrate, Jamtara shall not be given effect to.

7. If the petitioners failed to appear all coercive measures shall be taken against the petitioners by the learned Court.

(Sanjay Kumar Dwivedi, J.)

Sangam/

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W.P. (Cr.) No. 139 of 2024