IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No.122 of 2009
Dilbag Singh -- -- -- -- -- -- -- -- -- --Petitioner
Versus
The State of Jharkhand & another- -- -- -- -- -- --Opposite Parties
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Coram: The Hon'ble Mr. Justice D.K. Sinha
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For the Petitioner : Mr. Peeyush Krishna Choudhary, Advocate
For the State : A.P.P.
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(I.A. No.2573 of 2010)
7/ 28.6.2011
Present interlocutory application has been filed on 22.11.2010 on behalf
of the petitioner Dilbag Singh for extension of time to appear before the
court-below as directed by this Court in Cr.M.P. No.122 of 2009 on
21.7.2010 .
The learned counsel submitted that in spite of deposition of the cost of
the FAX, the same was received in the lower-court beyond ten days and
hence, he could not surrender before the court-below within the time stipulated
by this Court. Therefore, time may be extended.
In the order dated 21.7.2010 following order was passed:
“Seen the office report.
Considering the matters explained, no further order
needs to be passed in this case.
The petitioner is directed to appear before the trial court
within ten days from the date of this order and pray for bail,
which shall be considered by the trial court on the merits of the
case.
This application is disposed of accordingly.
Let this order be communicated to the trial court through
FAX at the cost of the petitioner.”
The learned counsel by amending his earlier prayer submits that FAX
was received on the 10th day; hence, petitioner could not appear.
I find that the petitioner has not shown his bona fide by immediately
filing a petition before this Court for extension of time, rather interlocutory
application was filed much beyond four months on 22.11.2010, which has
been taken up today after twelve months.
I do not find any merit for extension of time to appear before the court-
below.
Accordingly, this I.A. No.2573 of 2010 stands rejected.
(D.K. Sinha, J.)
S.B.