MD Belal Shah Alias Belal Sah Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P No.3600 of 2022

Md. Belal Shah @ Belal Sah, aged about 38 years, Son of Md. Nasiruddin Shah, Resident of Village Hariharpur, P.O. & P.S. Hariharpur, District- Dhanbad.

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… Petitioner Versus

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The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Vikesh Kumar, Adv. For the State : Mr. Shiv Shankar Kr., A.P.P.

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Order No.07/Dated- 07.01.2025

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Heard Mr. Vikesh Kumar, learned counsel appearing for the petitioner as well as Mr. Shiv Shankar Kumar, learned A.P.P. appearing for the State.

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Learned counsel for the petitioner submits that in the instant case, the petitioner prayed for grant of an appropriate order for quashing the impugned order dated 03.06.2019 passed by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat in Nawadih P.S. Case No. 113 of 2014 under which the bail bond of the petitioner was cancelled and Non-Bailable Warrant was issued against him. The petitioner was granted bail by the Hon’ble High Court in A.B.A. No. 2943 of 2014 vide order dated 18.12.2014 and he has filed his bail bond before the concerned Trial Court on 18.12.2014 and accordingly, the petitioner was released from the custody.

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It is further submitted that thereafter the charge-sheet was filed against the petitioner on 13.02.2015 and the learned trial court took cognizance of offence on the same date for the offences under Section 323, 324, 325 and 379 of the I.P.C. Thereafter, summon was issued against the petitioner however, the same could not be ever served to him. The learned trial court in a mechanical manner passed the impugned order non-bailable warrant of arrest against the petitioner and thereafter, during the pendency of this petition process under

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Section 82 and Section 83 of the Cr.P.C. has also been issued in de hors to the relevant provisions of Criminal Procedure Code.

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Petitioner has never deliberately avoided to appear before the learned trial court. Therefore, all the process issued by learned trial court against the petitioner is liable to be set aside and petitioner is ready to appear before the court and abide all the conditions and it will be treated as his first appearance after submission of charge.

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On the other hand, learned A.P.P. appearing for the State has opposed the aforesaid contentions and submitted that there is no illegality or infirmity in the impugned order calling for any interference. Hence, this petition is fit to be dismissed.

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I have gone through the entire order sheet of the trial court available on record. It appears that after passing the cognizance order against the petitioner, after three dates, the summon was issued against him, but there is no whisper in the entire order sheet in the margin of the order-sheet that the same was ever served upon the petitioner.

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Similarly, not only warrant of arrest, but process of Sections 82 and 83 have been issued simultaneously without recording any satisfaction on the basis of materials available on record.

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It appears that the orders passed by the learned trial court for appearance of the petitioner through various processes have been issued in mechanical manner without applying judicial mind. Therefore, impugned orders are hereby set aside. The petitioner is directed to appear before the concerned trial court and seek regular bail which shall be disposed of on the same day and it will be treated as petitioner’s first appearance after submission of charge-sheet.

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Accordingly, with above observations, this petition is allowed.

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(Pradeep Kumar Srivastava, J.)

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Amar/-

MD Belal Shah Alias Belal Sah v. the State of Jharkhand

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MD Belal Shah Alias Belal Sah v. the State of Jharkhand

Case brief

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