Chandrajit Singh vs Sandeep

Manoj Kumar Tiwari, J

This Contempt Petition has been filed alleging wilful disobedience of the order dated 22.04.2021, passed by Coordinate Bench of this Court in

Anticipatory Bail Application No. 74 of 2021. Relevant extract of the said order is reproduced below:

“After some length of arguments, learned Sr. Counsel for the applicant confined his prayer that a direction may be issued to the lower court to

decide the bail application of the applicant on the very same day.

Accordingly, the instant application is disposed of with the direction that, if the applicant puts his appearance on or before 10.05.2021 before the lower

court and moves an application seeking bail, the learned Magistrate will decide the said bail application on the very same day. In case of rejection, the

Magistrate will forward the rejection order, along with all the documents to the Sessions Judge on the same day and thereafter, the Sessions Judge will

decide his bail application expeditiously.

In the meantime, the process issued by the concerned court against the applicant will be kept in abeyanceâ€​.

Learned counsel appearing for the petitioner contends that Mr. Sandeep (applicant in Anticipatory Bail Application No. 74 of 2021) has not put in

appearance before the trial Court on or before 10.05.2021 in terms of the aforesaid order, therefore, he is in contempt and proceedings be drawn

against him, under Section 12 of the Contempt of Courts Act.

This Court is not convinced by the said contention of learned counsel for the petitioner. A plain reading of the aforesaid order reveals that protection

was given to the petitioner till 10.05.2021 and it was provided that if Mr. Sandeep appears before the trial Court on or before 10.05.2021, then his

application, seeking bail shall be considered on the same day. In other words, after 10.05.2021, the protection given to Mr. Sandeep will not be

available to him. Thus, it is not a fit case for proceeding against Mr. Sandeep under Section 12 of Contempt of Courts Act.

Accordingly, the Contempt Petition is dismissed.

Learned counsel for the petitioner then submits that Mr. Sandeep, who is an accused for offences punishable under Sections 452, 307/34, 120-B

I.P.C., is not participating in the trial and he has not put in appearance before the trial Court despite the process issued under Sections 82 & 83

Cr.P.C. If that is so, petitioner shall be at liberty to move appropriate application before the learned trial Court.