This criminal petition for bail under Section 439 Cr.P.C. was dismissed for non-prosecution. The petitioner's counsel was absent despite a prior warning that non-appearance would result in dismissal.
Petition dismissed for non-prosecution due to non-appearance of counsel.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.4042/2022
BETWEEN
CHAND PASHA @ BANDE CHAND S/O SYED AKMAL @ AKMAL PASHA AGED ABOUT 28 YEARS NO 13/8, 8TH CROSS, 2ND MAIN ROAD VALMIKINAGAR GOVT ELECTRIC FACTORY BANGALORE SOUTH-560026
...PETITIONER
(BY SRI MOHAN KUMAR H G, ADVOCATE [ABSENT])
AND
THE STATE OF KARNATAKA THROUGH ANNAPOORNESHWARINAGAR POLICE STATION, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001
… RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.58/2022 OF ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(B) OF NDPS ACT AND ETC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The counsel for the petitioner was absent on 27.05.2022 and in the ends of justice, one more opportunity was given to the counsel for the petitioner to prosecute the case and this Court made it clear that if the counsel for the petitioner does not appear before the Court on the next date of hearing, the petition will be dismissed for non-prosecution. Inspite of the said order, today also the counsel for the petitioner is absent. Hence, the petition is dismissed for non-prosecution.
Sd/JUDGE
SN
2 issues framed by the court
Whether the bail petition should be allowed or dismissed due to non-appearance of counsel.
Whether the court should allow a second chance for default after a prior warning.
1 provisions across 1 enactments
CHANd PASHA @ BANDE
STATE OF KARNATAKA
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
