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2021 Supreme(Kar) 851

V.SRISHANANDA
Kiran S/o Rajkumar Dandin – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Hanmanthraya Sindol, Advocate
For the Respondent: Sri Gururaj V. Hasilkar, HCGP

ORDER :

Sri Gururaj V. Hasilkdar, learned High Court Government Pleader takes notice to the respondents.

2. The petition under Section 482 of Cr.P.C. is filed seeking quashing of the order dated 18.11.2019 passed in C.C.No.264/2014 on the file of II-Addl. Senior Civil Judge & JMFC, Bidar and order passed by the I-Addl. District & Sessions Judge, Bidar in Crl.R.P.No.74/2019 dated 04.03.2020.

3. Brief facts, which are necessary for disposal of this petition are as under:

Accused Nos.1 to 3 in C.C.No.264/2014 were enlarged on bail by the II-Addl. Senior Civil Judge & JMFC, Bidar. On 18.11.2019, accused Nos.1 to 3 remained absent and there was no application filed seeking their exemption by their advocate. Left with no other alternative, learned Magistrate forfeited bond and issued non-bailable warrant. Challenging the said order, the accused persons approached the District Court, Bidar in Crl.R.P.No.74/2019. Learned District Judge after verifying the materials on record, passed an order on 04.03.2020 holding that cancellation of the bail and grant of bail are discretionary orders and if the non-bailable warrant is issued by the learned Magistrate, the course that was open for the accused-

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