Back
SANJAY KUMAR DWIVEDI
Sanjay Thakur – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Sajid Warsi, learned counsel appearing for the petitioner and Mrs. Kumari Rashmi, learned A.P.P. for the State.
2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. This criminal miscellaneous petition has been filed for quashing of the orders dated 09.05.2017, 17.11.2017 and 07.01.2019, whereby bail bond of the petitioner was cancelled and non-bailable warrant of arrest and processes under Sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioner, in connection with Doranda P.S. Case No. 729 of 2014, pending in the Court of learned Judicial Magistrate, 1st Class, Ranchi.
4. Learned counsel appearing for the petitioner submits that on 09.05.2017, a representation under Section 317 Cr.P.C. was filed on behalf of the petitioner, however, the same was rejected on the ground that on the said petition the stamp was not affixed. He submits that by order dated 17.11
Procedural irregularities and lack of satisfaction recorded in the orders for bail bond cancellation and issuance of non-bailable warrant and processes under Sections 82 and 83 Cr.P.C. led to their q....
Compliance with bail conditions is crucial, and the timing of external factors such as lockdowns may be considered in evaluating non-compliance.
Non-bailable warrant of arrest and process under section 82 Cr.P.C. must comply with the legal parameters and guidelines established in relevant judgments, including the indication of time and place.
Failure to follow statutory parameters under Section 82 Cr.P.C. can lead to the quashing of an order directing process, as established in previous judgments.
The court has the discretion to direct the appearance of the petitioner in the concerned Court and to decide the petition on merits on the same day.
The court has the discretion to set aside previous orders and restore a complaint case with conditions in the interest of justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
