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ANIL KUMAR CHOUDHARY
Ritesh Joshi S/o Nirmala Joshi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 18.01.2023 passed by learned Sessions Judge, East Singhbhum at Jamshedpur in MCA No. 2736 of 2022 arising out of A.B.P. No. 304 of 2021 which is now pending before the learned Sessions Judge, East Singhbhum at Jamshedpur and also that the time period for the petitioner to surrender before the learned court below be extended.
3. Learned counsel for the petitioner submits that when the order of the anticipatory bail was passed in A.B.P. No. 304 of 2021, the petitioner was suffering from the symptoms relating to the COVID-19 virus, therefore, he could not surrender within time. After that for a considerable period of time, the courts were functioning online due to COVID-19 Pandemic and nobody was advised to go outside. The petitioner also suffered from the complications due to post COVID situations and became very weak. After the situation normalized, as the normal function of the courts resumed, the petitioner filed an application for extension of
The court emphasized that genuine circumstances affecting compliance with court orders must be considered, especially during extraordinary situations like a pandemic.
Political exigencies and holidays justify extending anticipatory bail surrender deadline if delay non-willful.
The court has the discretion to reject an application for anticipatory bail but may direct the petitioner to surrender before the trial court and file a bail application for consideration.
The court's decision was influenced by the nature of accusation, gravity of the offence, and material on record in rejecting the anticipatory bail application.
The court can extend time for surrender in anticipatory bail cases based on reasonable grounds.
The court's decision was influenced by the nature of accusation, gravity of the offence, and material on record in rejecting the bail applications, but also emphasized the option for the petitioners ....
The court's discretion in granting anticipatory bail and the option to surrender and file a bail application before the trial court.
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