Bageshwari Prasad vs The State of Jharkhand and Pradeep Singh

Prashant Kumar

Learned counsel for the petitioner confined this application only against the order dated 24.1.2006 and 8.1.2007 respectively by which non bailable warrant of arrest and processes u/s 82, 83 of the Cr.P.C. issued against the petitioner.

It is submitted by Sri Sahani learned counsel for the petitioner that in the instant case prior to submission of charge sheet, petitioner was on bail. However, after submission of charge sheet by order dated 7.2.2004 cognizance was taken and it was ordered that summon be issued against the petitioner. It is submitted that summon never served upon the petitioner, but, in spite of that the aforesaid two orders passed by which non bailable warrant of arrest and processes u/s 82, 83 of the Cr.P.C. were issued against petitioner.

Learned Additional P.P. after going through the record has not disputed the aforesaid submission.

Having heard the submission, I have gone through the certified copy of order sheet (Annexure-2) of G.R. Case No. 2339 of 2002. From perusal of the same, I find substance in the submission of learned counsel for the petitioner.

Under the said circumstance, aforesaid two orders cannot be sustained. Accordingly, this application is allowed and both the aforesaid orders are hereby quashed.

Petitioner is directed to surrender in the court below by 18.10.2011. If petitioner surrenders by the aforesaid date, he shall be released on bail on the basis of previous bail bond furnished by him.

Let this order be communicated through ''FAX'' at the cost of the petitioner.