CRLMC under Section 482 CrPC challenged N.B.W.(A) order. Court directed trial court to grant bail if petitioners surrender within six weeks, cooperate with trial, and verify prior Section 41-A benefit. No further extension allowed.
Observation that trial court may grant bail if petitioners surrender within six weeks and cooperate.
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CRLMC No.3074 of 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 challenging the order dated 13.2.2017 passed by the learned J.M.F.C., Ranpur in G.R. Case No.193 of 2016 wherein N.B.W.(A) has been issued against them.
It appears that during the time of investigation, the petitioners, who have been indicted in the aforesaid case, were given the benefit under Section 41-A of Cr.P.C., but after filing of charge-sheet, summons were issued to them and in spite of summons, when they did not appear before the Court below and no step was taken on their behalf on the date fixed, N.B.W.(A) has been issued against them vide the aforesaid order. However, the petitioners have come forward to challenge the same, but during course of hearing, it is submitted by the learned counsel for the petitioners that since the petitioners are now ready and willing to surrender before the trial Court and cooperate with the trial, the trial Court may be directed to release them on bail on any terms and conditions as it may deem just and proper.
Considering the aforesaid facts and submissions made, this CRLMC stands disposed of with an observation that if the petitioners surrender before the trial Court within a period of six weeks hence and make a motion for bail in the aforesaid case, the Court in seisin over the matter shall allow them to go on bail on such terms and conditions as it may think just and proper along with a condition that
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they shall cooperate with the trial but the same is subject to the verification of the fact that the petitioners were earlier given the benefit under Section 41-A of Cr.P.C. by the police.
It is made clear that in spite of this order, if the petitioners after their release again make default in appearance, in the next coercive steps to be taken to procure their attendance, this fact also be reflected by the trial court.
It is further made clear that no further extension of time with regard to surrender of the petitioners shall be granted in any circumstances.
Urgent certified copy of this order be granted on proper application.
………………….. S.Pujahari, J.
DA
1 issue framed by the court
Whether bail can be granted if petitioners surrender within six weeks to the trial court.
2 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
