Suraj Munda Vs the State of Jharkhand

( 2025:JHHC:13927 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.930 of 2025

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Suraj Munda, Aged about 42 years, S/o –Durga Munda, Resident of Village –Dami, Taimara, P.O. & P.S. –Namkum, District –Ranchi.

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… Petitioner Versus … The State of Jharkhand Opposite Party

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For the Petitioner : Mr. Rakesh Kumar Gupta, Advocate For the State : Mr. Bhola Nath Ojha, Spl. P.P. ------

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 with a prayer to quash the order dated 08.06.2023 passed by the learned Additional Judicial Commissioner –XV, Ranchi, in connection with Namkum P.S. Case No. 104 of 2019 corresponding to N.D.P.S. Case No. 39 of 2020 involving the offences punishable under Section 15(c)/29 of the N.D.P.S. Act.

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The brief fact of the case is that the petitioner was on bail. The N.D.P.S. Case No. 39 of 2020 was fixed for recording of statement under Section 313 of Cr.P.C. of the petitioner who was the accused of the case. The petitioner was directed to remain physically present in the court on 08.06.2023. The petitioner did not remain present nor any steps were taken on behalf of the petitioner. The learned Additional Judicial

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Commissioner –XV, Ranchi cancelled the bail granted to the petitioner and directed issue of non-bailable warrant of arrest.

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It is submitted by the learned counsel for the petitioner that the petitioner was suffering from skin infection and he was undergoing treatment. Hence, it is submitted that the prayer as prayed for by the petitioner be in this criminal miscellaneous petition be allowed.

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The learned Spl. P.P. on the other hand vehemently opposes the prayer as prayed for by the petitioner in this criminal miscellaneous petition and submits that the petitioner is a hardened criminal and in view of the overwhelming evidence against him, he is evading the completion of the trial as there is every likelihood of the petitioner convicted and sentenced. It is next submitted that though the bail of the petitioner was cancelled way back on 08.06.2023, but has managed to remain at large for more than one and a half year. It is next submitted that since the petitioner was directed to remain physically present, if at all he was suffering from any disease, he ought to have intimated his lawyer as the petitioner engaged his lawyer in the trial court. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

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Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that there is no illegality in the order dated 08.06.2023, passed by the learned Additional Judicial Commissioner –XV, Ranchi, cancelling the bail granted to the petitioner, when the case was fixed for recording

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of statement under Section 313 of Cr.P.C. and the petitioner was specifically directed to remain physically present in the trial court on 08.06.2023 for the purpose of recording statement under Section 313 of Cr.P.C. and without intimating the court about his illness, the petitioner having remained absent and his lawyer also having not taken any steps intimating any reason for his remaining absent, before the court concerned. Therefore, there being no illegality in the order dated 08.06.2023 passed by the learned Additional Judicial Commissioner –XV, Ranchi, in connection with Namkum P.S. Case No. 104 of 2019 corresponding to N.D.P.S. Case No. 39 of 2020 by which he has cancelled the bail granted to the petitioner and ordered for issuance of non-bailable warrant of arrest; the same do not warrant interference of this court in exercise of its power under Section 528 of the BNSS.

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