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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ahsanuddin Amanullah, J.
Ravi Kumar – Petitioner
Versus
The State of Bihar and ors. – Opposite Parties
Criminal Miscellaneous No. 27487 of 2021 Arising out of Criminal Miscellaneous No. 25416 of 2020
Decided On : 18-08-2021
Extension of Time - Compliance with Court Order - The court extended the time granted to the petitioner to surrender before the Court below due to genuine reasons for non-compliance with the previous court order.
Fact of the Case:
The petitioner sought modification in a previous judgment and order due to inability to comply with the directive to appear before the Court and submit a demand draft within six weeks.
Finding of the Court:
The Court found that the petitioner could not comply with the previous order due to genuine reasons and extended the time for surrender by a further period of six weeks.
Issues: Compliance with court order, extension of time for surrender
Ratio Decidendi: Due to bona fide and genuine reasons, the direction of the Court in the previous judgment could not be complied with, leading to the extension of time for surrender.
Final Decision: The time granted to the petitioner to surrender before the Court below stands extended by a further period of six weeks from the date of the judgment.
JUDGMENT :
The matter has been heard via video conferencing.
2. Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
3. The present application has been filed seeking modification in the judgment and order dated 23.12.2020 passed in Cr. Misc. No. 25416 of 2020.
4. Learned counsel for the petitioner submitted that in terms of the said judgment and order, the petitioner was to appear before the Court below within six weeks from the date of the order and submit a demand draft of Rs. 5 lakhs in favour of the opposite party no. 2. It was submitted that since the petitioner was suffering from COVID-19, he filed a petition before the Court concerned along with a demand draft of Rs. 5 lakhs in favour of the opposite party no. 2 through his learned counsel but the same was not accepted as the Court observed that the petitioner should also surrender and at the same time submit the demand draft. However, on a query of the Court, he submitted that if the Court extends the time for the said exercise, the petitioner shall ensure compliance.
5. Learned APP does not oppose the prayer.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that due to bona fide and genuine reasons, the direction of this Court in the judgment and order dated 23.12.2020 passed in Cr. Misc. No. 25416 of 2020 could not be complied with.
7. Accordingly, the time granted to the petitioner to surrender before the Court below in the judgment and order dated 23.12.2020 passed in Cr. Misc. No. 25416 of 2020 stands extended by a further period of six weeks from today.
8. The rest of the terms and conditions of the said judgment and order shall remain unchanged.
9. The petition stands disposed of in the aforementioned terms.
The court may extend the time for compliance with a court order if genuine reasons for non-compliance are presented.
The court emphasized that genuine circumstances affecting compliance with court orders must be considered, especially during extraordinary situations like a pandemic.
The court has the discretion to extend the time for appearing before the trial court and furnishing bail bond and sureties in light of exceptional circumstances such as COVID protocols/restrictions.
The court emphasized that the direction for the petitioner to furnish an undertaking was against the mandate of law as there are provisions in the Criminal Procedure Code for procuring the appearance....
The limitation period for filing a written statement was extended during the COVID-19 pandemic, acknowledging extraordinary circumstances that require courts to prioritize access to justice.
Modification of court orders allows for extensions based on compelling circumstances impacting compliance.
Timely adjudication is essential in legal matters, particularly for litigants with serious health concerns, and courts should ensure expedited hearings.
The court ruled that delays in filing written statements can be excused under exceptional circumstances, such as judicial custody and pandemics, interpreting procedural rules as directory rather than....
Dismissal of petitions due to lack of response and adherence to guidelines for conducting proceedings through video conferencing during the COVID-19 pandemic
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