The court emphasized that genuine circumstances affecting compliance with court orders must be considered, especially during extraordinary situations like a pandemic.

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 time for submission of his bail bond in terms of the anticipatory bail granted to him vide A.B.P. No. 304 of 2021 but the same was rejected by the learned Sessions Judge, East Singhbhum at Jamshedpur solely on the ground that the same was filed after more than one year and ten months from the date of passing of the said order. It is submitted that the delay for the petitioner who signed in terms of the order passed by the Sessions Judge in the anticipatory bail application, occurred because of COVID-19 pandemic and post COVID-19 complications suffered by the petitioner but the learned Sessions Judge, East Singhbhum at Jamshedpur failed to consider the same and in a mechanical manner, without application of judicial mind, has rejected the same. Hence, it is submitted that 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 be quashed and set aside and the time period for the petitioner to surrender before the learned court below be extended.

4. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No. 2 on the other hand vehemently oppose the prayer for quashing and setting aside 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 the prayer for extension of time period for the petitioner to surrender before the learned court below. Learned counsel for the opposite party No. 2 submits that the petitioner has unnecessarily and deliberately delayed his surrender before the learned court below. It is then submitted that the therefore, the learned Sessions Judge, East Singhbhum at Jamshedpur has rightly rejected the prayer of the petitioner for extension of time to surrender before the learned court below. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the undisputed fact remains that there was COVID-19 pandemic and the courts were not functioning normally in physical mode and during that period, the petitioner was given the privileges of anticipatory bail. The undisputed fact also remains that the petitioner was suffering from the symptoms relating to the COVID-19 virus and he had suffered from post Corona ailments. Under such circumstances, this Court is of the considered view that the learned Sessions Judge, East Singhbhum at Jamshedpur has committed a g