In a special leave application under Section 482 Cr.P.C. to quash an N.B.W.(A) issued for non-appearance, the court refused quashing but directed the petitioners to surrender within four weeks to obtain bail.
To surrender within four weeks and move for bail on terms including cooperation and deposit of Rs.10,000 each.
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CRLMC No.1401 of 2019
04. 14.08.2019 Heard, the learned counsel for the petitioners and the learned counsel for the State.
This application under Section 482 of Cr.P.C. has been filed by the petitioners with a prayer to quash the order dated 23.09.2011 passed by the learned J.M.F.C., Kodala in G.R. Case No.271 of 2009 issuing N.B.W.(A) against the petitioners.
It appears that the petitioners, who have been indicted in the aforesaid case, were stated to be on bail but, when they did not appear on the date fixed, NBW(A) has been issued against them. Now the petitioners are ready and willing to cooperate with the trial.
Considering the facts and submissions made, I am not inclined to quash the impugned order. However, it is open to the petitioners to surrender before the Court in seisin over the matter within four weeks hence and if they surrender and move for bail, the Court in seisin over the matter shall allow them to go on bail on such terms and conditions including the condition that they shall cooperate with the trial and deposit an amount of Rs.10,000/- (Rupees ten thousand) each before the said court. Failure to comply with the same, shall entail cancellation of bail.
However, the aforesaid is subject to verification of the fact that the petitioners were earlier released on bail for the self-same offences, but for their non-appearance, N.B.W.(A) have been issued against them.
It is made clear that in spite of this order, if the petitioners after their release again make default in
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appearance, in the next coercive steps taken, this fact also be reflected by the trial court. No further extension of time with regard to surrender of the petitioners shall be allowed in any circumstances.
With the aforesaid order, this CRLMC stands disposed of.
Urgent certified copy of this order be granted on proper application.
………………… S.Pujahari, J.
1 issue framed by the court
Whether the preventive N.B.W.(A) issued due to non-appearance by a bail-bond petitioner should be quashed.
1 provisions across 1 enactments
Petitioners
State
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
