IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1363 of 2024 ------

Zaki Azmal @ Sonu @ Md. Zaki Azmal Sonu, aged about 47 years, son of Late Gulam Mustafa, resident of Road No. 14, Jawahar Nagar, Azad Nagar, P.O. and P.S. Mango, Town Jamshedpur, District East Singhbhum, Jharkhand.

… Petitioner Versus The State of Jharkhand … Opposite Party ------

For the Petitioner : Mr. Ashutosh Mishra, Advocate (through Video Conferencing)

For the State : Mr. Abhay Kr. Tiwari, Addl.P.P.

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P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- 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 the prayer to quash and set aside the order dated 17.08.2023 passed by the learned Additional Sessions Judge-IV, Jamshedpur in S.T. Case No. 432 of 2019 arising out of Mango P.S. Case No. 149 of 2017 whereby and where under bail bond of the petitioner has been cancelled and the order has been passed for issue of non- bailable warrant of arrest and also the process under section 82-83 of the Code of Criminal Procedure.

3. Perusal of the record reveals that on 17.08.2023, the petitioner filed a petition through his Advocate to be represented through his Advocate by dispensing with his personal appearance. Since, in spite of repeated direction given to the petitioner to appear physically on 17.08.2023; the petitioner did not comply with the order of the learned trial court, hence, the representation petition and the prayer to dispense with the personal appearance of the petitioner was rejected by the learned Additional Sessions Judge and bail bond of the petitioner was cancelled but simultaneously besides issue of the non-bailable warrant of arrest, the process under Section 82 - 83 of the Code of Criminal Procedure was directed to be issued.

4. Keeping in view non-cooperating attitude of the petitioner in the matter, the case of the petitioner was split up and the statement under Section 313 of the Code of Criminal Procedure of the co-accused persons was recorded.

5. Learned counsel for the petitioner submits that the co-accused persons have been acquitted by the learned Additional Sessions Judge- IV, Jamshedpur vide the judgment dated 05.09.2023. It is next submitted that non-appearance of the petitioner on 17.08.2023, the learned trial court having issued the non-bailable warrant of arrest along with the process under Sections 82 and 83 of the Code of Criminal Procedure on the same day, the same is not sustainable in law. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

6. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that the undisputed fact remains that on 17.08.2023, S.T. Case No. 432 of 2019 was fixed for recording of the statement under Section 313 of the Code of Criminal Procedure of all the accused persons and as the petitioner did not cooperate with the recording of the statement under Section 313 of the Code of Criminal Procedure; hence, the learned court below has rightly rejected the prayer for dispensing with the personal appearance of the petitioner and cancelled the bail of the petitioner and issued non-bailable warrant of arrest. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

7. 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 S.T. Case No. 432 of 2019 was fixed to 17.08.2023 for recording of the statement under Section 313 of the Code of Criminal Procedure and despite repeated directions given by the learned Additional Sessions Judge-IV, Jamshedpur, the petitioner was not appearing physically before the learned Additional Sessions Judge-

IV, Jamshedpur.

8. Under such c