Krishna Kumar Saw @ Krishna Kumar Sao vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the order dated 03.06.2023/01.09.2023 arising out of Hazaribagh Sadar (M) P.S. Case No.329 of 2015 passed by the learned Chief Judicial Magistrate, Hazaribagh by which the learned Chief Judicial Magistrate, Hazaribagh consequent upon of the failure of the petitioner to appear before the court concerned even after service of notice after submission of charge sheet has directed for issuance of non-bailable warrant of arrest inter alia against the petitioner.

It is submitted by the learned counsel for the petitioner that the petitioner is innocent. It is next submitted by the learned counsel for the petitioner that the petitioner before submission of charge sheet surrendered before the court concerned on 15.04.2015 and on the same day he was released on bail and he submitted bail bond which was duly accepted and without cancelling his bail bond, the learned trial court ought not have issued non-bailable warrant of arrest against the petitioner. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

The learned Spl. P.P. on the other hand vehemently opposes the prayer and submits that the petitioner though was released on bail on submission of bail bond after being granted bail before submission of charge sheet but after submission of charge sheet the petitioner did not appear before the trial court so the bail bond came to an end automatically and summons were issued vide order dated 03.01.2017 and though the undisputed fact remains that summons was served upon the petitioner; still he did not appear before the learned trial court. So, vide order dated 03.06.2023/01.09.2023 the learned Chief Judicial Magistrate, Hazaribagh has issued non-bailable warrant of arrest therefore, there is absolutely no illegality in the said order. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that the petitioner is not entitled to take the plea that he was having a bail bond continuing even though he did not appear before the learned trial court after submission of charge sheet.

Under such circumstances, as fresh summons was issued against the petitioner upon cognizance being taken by the learned Chief Judicial Magistrate, Hazaribagh basing upon the charge sheet submitted in this case and because of the failure of the petitioner to appear before the court concerned even after receipt of the summons without any plausible reason, the court concerned issued summons against the petitioner. It was incumbent upon the petitioner to appear before the court concerned on receipt of the summons from the court of learned Chief Judicial Magistrate, Hazaribagh but having not done so nor his Advocate ever appeared before the learned Chief Judicial Magistrate, Hazaribagh on or after 03.01.2017, this Court do not find any illegality in the order dated 03.06.2023/01.09.2023 by which non-bailable warrant of arrest has been issued consequent upon the failure of the petitioner to appear before the court concerned even after receipt of the summons; which was issued after the cognizance was taken.

Accordingly, this criminal miscellaneous petition being without any merit is dismissed.