IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No.337 of 2010
Bhagwan @ Barun Kumar Bose @ Barun Bose ……. Petitioner
Versus
The State of Jharkhand and ors. …….. Respondents
CORAM : HON’BLE THE ACTING CHIEF JUSTICE
…..
For the petitioner : Mr.Indrajit Sinha,Adv.
For the Respondent : JC to G.P.III
Dated 8
th
July, 2011
By Court Heard learned counsel for the petitioner.
2. The petitioner’s bail as well as bail bonds were cancelled vide
order dated 24th October, 2009. The petitioner did not appear
before the trial court i.e. in the court of Judicial Magistrate,
Dhanbad in G.R.Case No.1211 of 2002.
3. The petitioner’s contention is that on the date fixed, he was
sick and he could not appear and his advocate appeared on that
date, therefore, the court should not have cancelled the bail.
However, cancellation of his bail bond is also illegal and if the bail
bond stand cancelled then no action under Section 446 Cr.P.C can
be taken against the accused.
4. It appears that the Judicial Magistrate without application of
mind , while cancelling the bail also cancelled the bail bonds.
Therefore, the order, cancelling bail bond, is set aside, in view of
the fact the petitioner was already exempted from appearance in
the court on earlier occasion as there may be some sufficient reason
for non appearance of the petitioner on the date, so fixed.
Therefore, trial court is directed to accept the fresh bail bond of the
petitioner, to be submitted by him, within a period of one month
2.
from today, for the amount of which earlier bail bonds were
submitted, in view of the order passed by the court in the said case.
4. The writ petition stands allowed accordingly.
( Prakash Tatia, A.C.J. )
G.Jha/