Bail cancellation invalid without deciding accused's representation application when no prior personal appearance direction exists, and solely for not furnishing pending appeal status, absent violation of enumerated grounds like evidence tampering or fleeing.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

I.A. No.17360 of 2025

Heard the parties.

This Interlocutory Application has been filed with the prayer to delete the Opposite Party No.2 namely Kaushik Dutt of this criminal miscellaneous petition, who died in the month of October, 2024.

Considering the aforesaid fact, the prayer is allowed.

Registry is directed to delete the opposite party No.2 in the cause title of this Cr.M.P. and renumber the present opposite party No.3 as opposite party No.2 with red ink.

Interlocutory Application is disposed of accordingly.

Cr.M.P. No.3581 of 2023

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the order dated 13.07.2023 passed by the learned Judicial Commissioner, Ranchi in Criminal Revision No.213 of 2023 and also to quash the order dated 18.03.2023 passed by the learned Additional Chief Judicial Magistrate, Ranchi in Complaint Case No.2314 of 2019 by which the learned trial court cancelled the bail granted to the petitioner who is the accused person of Complaint Case No.2314 of 2019 and directed to issue the non-bailable warrant of arrest against the petitioner.

2. The brief facts of the case is that the Complaint Case No.2314 of 2019 was registered on the basis of order passed by the learned Additional Judicial Commissioner-X, Ranchi in Misc. Civil Application No.1068 of 2018 in which the learned Additional Judicial Commissioner-X, Ranchi allowed the petition filed against the petitioner under Section 340 of Cr.P.C. and sent a copy of order dated 02.05.2019 to the learned Chief Judicial Magistrate, Ranchi with a direction to treat it as a complaint. The petitioner filed an appeal under Section 341 of the Cr.P.C. before this court. The petitioner also filed an application in the court of the learned Chief Judicial Magistrate, Ranchi on 19.07.2019 praying to adjourn the case till Criminal Appeal (SJ) No.568 of 2019 is decided by this Court. The learned A.C.J.M., to whose court the case was apparently transferred: directed the petitioner to file the order of this Court in the said appeal but the petitioner did not file the said order. On 18.03.2023 in Complaint Case No.2314 of 2019, the lawyer of the petitioner filed a petition to represent him and to dispense with the personal appearance of the petitioner. The learned A.C.J.M. mentioned that the petitioner was given last chance for providing status of the Criminal Appeal (SJ) No.568 of 2019 but as the same was not produced the bail was cancelled and office was directed to issue the non-bailable warrant of arrest. The petitioner filed Criminal Revision No.213 of 2023 in the court of Judicial Commissioner, Ranchi and the learned Judicial Commissioner, Ranchi upheld the order of cancellation of the bail of the petitioner.

3. It is submitted by the learned counsel for the petitioner that there was no direction for personal appearance of the petitioner on 18.03.2023. The prayer for representation of the petitioner by his lawyer by dispensing with the personal appearance of the petitioner was filed. No order was passed on the said application by the learned A.C.J.M. as the learned A.C.J.M. neither allowed the said petition nor rejected the said petition but went out on to cancel the bail of the petitioner; which is not in accordance with law. It is next submitted that the prayer made before the learned A.C.J.M/ C.J.M, Ranchi on 19.07.2019 was in terms of Section 343 (2) of the Cr.P.C. but no order was passed