The High Court at Patna allowed an application to extend the surrender time granted to a labourer petitioner by four weeks, citing Covid-19 pandemic constraints and his residence in Ludhiana.
Modification to extend surrender time for petitioner no.2 by four weeks from the date of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9716 of 2022
In
CRIMINAL MISCELLANEOUS No.25253 of 2020
Arising Out of PS. Case No.-1 Year-2020 Thana- MAHKAR District- Gaya
======================================================
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vishwa Ranjan Choudhary For the Opposite Party/s : Mr.Narendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Heard Mr. Vishwa Ranjan Choudhary, learned counsel
for the petitioners and Mr. Narendra Kumar Singh, learned APP for the State.
The present application has been filed for modification of the order dated 29 - 01- 2021 passed in Cr. Misc. No. 25253 of 2020 to the extent that time period for surrender of the petitioner no. 2 / Sarju Chaduhary @ Sajju Kumar be extended by further four weeks.
Learned counsel for the petitioner submits that petitioner no. 2 is a labourer and at the relevant point of time he was residing in Ludhiana for earning his livelihood and due to Covid 19 pandemic he could not surrender within the stipulated
Patna High Court CR. MISC. No.9716 of 2022(2) dt.02-03-2022 2/2
time.
Having heard learned counsel for the parties and taking into consideration the submissions made by learned counsel for the petitioner, the order dated 29 / 01 / 2021 passed in Cr. Misc. No. 25253 of 2020 is modified to the extent that time granted for surrender of the petitioner no. 2 – Sarju Chaduhary @ Sajju Kumar is extended by way of last chance by further four weeks from today.
Accordingly, the modification application is allowed.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether to extend the time period for surrender granted to the respondent petitioner due to pandemic and employment circumstances?
Punam Devi @ Punam Kumari W/o Sarju Chaudhary @ Sajju Kumar
Sarju Chaduhary @ Sajju Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
