The absence of execution report and lack of satisfaction recorded by the concerned court were crucial in the court's decision to quash the orders.

JUDGMENT :

1. Heard Mr. Rajesh Kr. Mahatha, learned counsel for the petitioners and Mrs. Priya Shrestha, Spl. P.P., learned counsel for the State.

2. The present petition has been filed for quashing of orders dated 24.04.2018, 04.09.2018, 22.11.2018 and 18.01.2019 whereby bailable warrant, order of cancellation of bail, process under sections 82 and 83 Cr.P.C. respectively have been directed to be issued against the petitioners in connection with Jaridih P.S. Case No. 106 of 2014, corresponding to G.R. No. 1265 of 2014, pending in the Court of learned Additional Sessions Judge-II, Bermo at Tenughat.

3. Mr. Rajesh Kr. Mahtha, learned counsel for the petitioners submits that without execution report all these orders have been passed. He further submits that order dated 22.11.2018 by which process of 82 Cr.P.C. has been issued against the petitioners, is not under parameter of section 82 of the Cr.P.C.

4. Mrs. Priya Shrestha, learned counsel for the State submits that the petitioners were granted bail thereafter the case has been committed to the Court of Sessions and the petitioners were directed to appear but they are not appearing in the concerned court and by order dated 04.09.2018 bail was cancelled, thereafter process under section 82 Cr.P.C. has been issued.

5. From perusal of impugned orders, it transpires that the petitioners were on bail but they were not appearing hence their bail was cancelled by order dated 04.09.2018 and by order dated 22.11.2018 process under section 82 Cr.P.C. has been issued against the petitioners and further by order dated 18.01.2019 process under section 83 Cr.P.C. has been issued. Further it appears that in all these orders it has been disclosed that execution report is awaited inspite of that those orders have been passed. In order dated 04.09.2018 whereby bail was cancelled, it has also been disclosed that execution report is awaited. It has been disclosed that bail was granted in the year, 2016 and the case was committed to the Court of Sessions in the year, 2018. When the case committed in the year 2018 it was incumbent to call the petitioners by way of issuing notice.

6. In view of the above facts, impugned order dated 04.09.2018 whereby bail was cancelled and orders dated 22.11.2018 and 18.01.2019 whereby process under sections 82 and 83 Cr.P.C. have been issued against the petitioners in connection with Jaridih P.S. Case No. 106 of 2014, corresponding to G.R. No. 1265 of 2014, pending in the Court of learned Additional Sessions Judge-II, Bermo at Tenughat, are hereby quashed for the reasons that in absence of execution report these orders have been passed. Moreover in order dated 22.11.2018 and 18.01.2019 there is no satisfaction has been recorded by the concerned court which is one of the parameter to pass such orders.

7. The matter is remitted back to the court concerned to proceed afresh in accordance with law.

8. Petitioners are directed to appear in the court concerned on or before 20.06.2022.

9. If the petitioners fail to appear in the concerned court on or before 20.06.2022, all coercive measures shall be taken against the petitioner.

10. Any petition filed by the petitioners shall be considered and disposed of on the same day in accordance with law.

11. With the aforesaid observation and direction, this criminal miscellaneous petition stands disposed of. I.A., if any, stands disposed of.