Rameshwar Mehta 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 01.06.2024 by which the learned Additional Sessions Judge-VI, Hazaribagh rejected the prayer of the petitioners for extension of time to surrender in the trial court in terms of the order dated 18.04.2024 passed in A.B.P. No.193 of 2024 in connection with Barhi (Padma) P.S. Case No.19 of 2023.

The brief facts of the case is that the petitioners were given the privileges of anticipatory bail by the learned Additional Sessions Judge-VI, Hazaribagh in Anticipatory Bail Petition No.193 of 2024 on 18.04.2024 as no injury report of the victim could be furnished by the prosecution even though one of the offences involved is under Section 307 of the Indian Penal Code.

Learned counsel for the petitioners submits that due to financial difficulties, the petitioners could not furnish the bail bond on time and further, the petitioners could not arrange the bailers immediately and without considering the same, the learned Additional Sessions Judge-VI, Hazaribagh has rejected the prayer. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that the conduct of the petitioners shows their negligence. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the undisputed fact remains that the petitioners are old persons and the petitioners are altogether nine persons who were granted the anticipatory bail. It appears that the petitioners are related to one another. So, considering the undisputed fact that they are nine persons, certainly, it is not easy to arrange eighteen solvent bailers for them to the extent of Rs.15,000/- each.

Under such circumstances, this court is of the considered view that the learned Additional Sessions Judge-VI, Hazaribagh has committed a gross illegality by though not disputing that the petitioners are old persons and they could not arrange the bailers in time, in not extending the period of time for the petitioners to surrender in terms of the order dated 18.04.2024 passed in A.B.P. No.193 of 2024 in connection with Barhi (Padma) P.S. Case No.19 of 2023. Hence, the order dated 01.06.2024 passed in M.C.A. No.26 of 2024 arising out of A.B.P. No.193 of 2024 by the Additional Sessions Judge-VI, Hazaribagh be quashed and set aside.

Accordingly, the order dated 01.06.2024 passed in M.C.A. No.26 of 2024 in connection with Barhi (Padma) P.S. Case No.19 of 2023 arising out of A.B.P. No.193 of 2024 by the Additional Sessions Judge-VI, Hazaribagh is quashed and set aside.

Prayer to extend the time to the petitioners to surrender before the learned Judicial Magistrate, Hazaribagh in terms of the order dated 18.04.2024 passed in A.B.P. No. 193 of 2024 in connection with Barhi (Padma) P.S. Case No.19 of 2023 is extended by six weeks from the date of this order.

In the result, this Criminal Miscellaneous Petition is allowed.