Allowed

Benjwal Sanjay Kumar v. The State of Telangana and Another

Telangana HC6 Jan 2020CRLP/16/2020

Case brief

AI extract

What is this about?

Solemnizing an order on an I.A. and related Criminal Petition under Section 482 Cr.P.C., the High Court recalled a non-bailable warrant, dismissed the proceedings challenging the order, restored liberty, and granted bail to the accused.

What did the court decide?

Recall of NBW dated 20.08.2019; sentence underlying order set aside; sheriff to take petitioner's surrender within seven days of the day before bail was allowed; granted bail against personal bond of

Benjwal Sanjay Kumar Vs The State of Telangana and Another — Bail and Remand | Telangana HC (2020)

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THE HON’BLE JUSTICE G.SRI DEVI

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I.A.No.3 of 2020 IN/AND CRIMINAL PETITION No.16 of 2020

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ORDER:

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I.A.No.3 of 2020 is filed to recall NBW issued against the petitioner/Accused No.1 vide docket order, dated 20.08.2019, in C.C.No.100 of 2018 on the file of Judicial Magistrate of First Class, Chennur.

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The Criminal Petition, under Section 482 Cr.P.C. is filed by the petitioner/accused No.1 seeking to quash the proceedings against him in the afore-mentioned Calendar Case.

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Heard the learned counsel for the petitioner/accused No.1 and the learned Additional Public Prosecutor appearing for the 1^st respondent-State. Perused the record.

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Though learned counsel for the petitioner filed the criminal petition to quash the proceedings in the afore-said Calendar Case against the petitioner/accused No.1, he restricts his prayer seeking to recall Non-Bailable Warrant issued against the petitioner/accused No.1 with liberty to file a fresh criminal petition to quash the proceedings in the afore-said Calendar Case.

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In the affidavit filed in support of the petition, it is stated that due to ill-health the petitioner/accused No.1 as well as accused No.21 could not attend before the Court below on 20.08.2019. Therefore, the counsel appearing for them before the Court below filed a petition under Section 317 Cr.P.C. to dispense

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with their appearance. But, however, the Court below erroneously dismissed the application.

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Learned counsel for the petitioner/accused No.1 would submit that the petitioner/accused No.1 is regularly attending before the Court below on every date of hearing; that on 20.08.2019, due to ill-health, the petitioner/accused No.1 could not attend before the Court below and the counsel appearing for him filed a petition under Section 317 Cr.P.C. to dispense with his appearance, but, however, the Court below on erroneous consideration of facts without considering the facts and circumstances of case, simply dismissed the application without assigning any reason and ultimately, he prayed to set aside the docket order, dated 20.08.2019.

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Having regard to the submission made by the learned counsel for the petitioner/accused No.1 that the petitioner/accused No.1 is suffering from ill-health and since the docket order, dated 20.08.2019, passed by the learned Judicial Magistrate of First Class, Chennu, in afore-said Calendar Case, does not indicate any reason for dismissing the petition filed by the petitioner/accused No.1, the impugned docket order is liable to be set aside.

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Accordingly, Criminal Petition is disposed of with liberty to the petitioner/accused No.1 to file a fresh application at appropriate time. Consequently, I.A No.3 of 2019 is allowed recalling Non-bailable Warrant issued against the petitioner/accused No.1 on 20.08.2019 in C.C.No.100 of 2018 on the file of Judicial Magistrate of First Class, Chennur. The

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petitioner/accused No.1 is directed to surrender before the Court concerned within a period of seven (7) days from today or by 13.01.2020 positively and on such surrender, the petitioner/ accused No.1 shall be enlarged on bail on his furnishing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Chennur.

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Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

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______________________
JUSTICE G.SRI DEVI
6 th January, 2020
YVL

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THE HON’BLE JUSTICE G.SRI DEVI

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I.A.No.3 of 2020 IN/AND CRIMINAL PETITION No.16 of 2020

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Date:06.01.2020

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YVL

Benjwal Sanjay Kumar v. The State of Telangana and Another

Case brief

What is this about?

What did the court decide?

Benjwal Sanjay Kumar v. The State of Telangana and Another

Case brief

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What did the court decide?

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