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 quashing by the court.

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 17.11.2017, process under Section 82 Cr.P.C. has been issued which is not in accordance with the parameters of Section 82 Cr.P.C and the subsequent order is also not in accordance with law.

5. Learned A.P.P. appearing for the State submits that there is no illegality in the impugned orders.

6. It is not the case here that the petitioner is being not represented, however the petitioner was represented by way of filing a petition under Section 317 Cr.P.C. however, the stamp on it was not affixed. The petitioner was being represented through his lawyer and the concerned Court before cancelling the bail bond, was required to first issue notice to the bailers, but the same has not been done in the present case. It appears that the order dated 17.11.2017 is cryptic one, as there is no satisfaction recorded, which is one of the parameter for passing the order under Section 82 Cr.P.C. Since the order dated 17.11.2017 is bad in law, the subsequent order will not survive.

7. Accordingly, 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, are hereby, quashed and set aside.

8. The petitioner is directed to appear before the concerned court on or before 09.03.2022. It is made clear that on failure of appearance by the petitioner, the Court below shall take all coercive action against the petitioner.

9. With the above direction, this criminal miscellaneous petition stands disposed of.