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Judgment
15 paragraphs · 385 wordsM G Uma, J
Learned HCGP is directed totake notice for respondent-State.
Heard learned senior counsel, Sri.P.P.Hegde appearing for the petitioner and learned HCGP for respondent-State on I.A.No.1/2024 and on the petition. Perused the material on record.
The material on record discloses that the petitioner, being accused No.2 was on bail as per the order dated 09.12.2022. Later, he was represented by an advocate and was appearing before the Court. On 06.06.2024, the petitioner/accused No.2 was absent. Advocate representing him submitted that the petitioner is in judicial custody in Crime No.44/2024 registered by Mamballi Police Station. Inspite of that, NBW has been issued against him.
On 20.06.2024, the report from SHO revealed that the petitioner/accused No.2 is in judicial custody with UTP No.185000. He was produced before the Court through Video conference. Immediately, the Trial Court appears to have taken him to custody and directed the jail authorities not to release him without an order from the Court.
The petitioner filed an application seeking to recall the body warrant, which came to be rejected vide order dated 01.10.2024. Impugning the said order, the petitioner is before this Court.
I.A.No.1/2024 is filed seeking an interim order directing respondent No.1 to release the petitioner from prison in S.C.No.63/2022 on the file of the learned Principal District and Sessions Judge, Chamarajanagara.
Being satisfied with the grounds made out, I.A.No.1/2024 is allowed.
At this stage, learned senior counsel appearing for petitioner submits that the bail bond executed by the petitioner is not yet cancelled and the same may be held to be holds good. He further submits that the sureties, who have offered when the petitioner was enlarged on bail, are also willing to continue to stand as sureties.
Submission is placed on record.
The petitioner is ordered to be released on bail.
The bail bond and the sureties offered by the petitioner earlier shall hold good for release of the petitioner.
It is made clear that the impugned order dated 01.10.2024 passed by the learned Principal District and Sessions Judge, Chamarajanagar in S.C.No.63/2022, is hereby quashed.
Issue intimation to the jail authorities and the concerned Court through email.
In view of the above, the petition does not survive for consideration. Hence, it is disposed of.