IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr. M.P. No.1349 of 2010
1. Nilankari Singh @ Nilu @ Nilankari
2. Himanshu Sinha ... Petitioners
Versus
The State of Jharkhand ... opposite party
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CORAM : HON'BLE MR. JUSTICE D.K. SINHA
For the Petitioners : Mr. A.K. Sahani, Advocate
For the opposite party : A.P.P.
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6/20.6.2011
The petitioners have filed this petition under Section 482 of the Code of
Criminal Procedure for quashment of the order dated 21.7.2010 passed by the
Sessions Judge, Seraikella-Kharshawan in Criminal Appeal No.20 of 2005 by which
ad interim bail granted to the petitioners-appellants was vacated by canceling their
bail bonds and they were directed to be taken into judicial custody. Accordingly, the
order was directed to be communicated to the trial court below.
Learned counsel appearing on behalf of the petitioners submitted that there
was strike of the Members of Bar in the Court of the District and Sessions Judge,
Sarikella-Kharshawn on 21.7.2010 being the date already fixed for hearing of the Cr.
Appeal No.20 of 2005 but since the Members of the Bar abstained to attend the court,
the Sessions Judge declared the strike improper and illegal and consequently the bail
bonds of the petitioners were cancelled and they were directed to be taken into
judicial custody.
Learned counsel further submitted that the petitioners-appellants were not at
fault since they had instructed their lawyer to take appropriate steps in appeal and the
appellants had no knowledge about their abstinence from the Courts. Admittedly,
petitioners neither surrendered nor could be arrested and now they are ready to
surrender in the court below.
In the facts and circumstances of the case, the order impugned dated
21.7.2010 is set-aside and both the petitioners Nilankari Singh @ Nilu @ Nilankari
and Himanshu Sinha are directed to surrender before the court concerned positively
by 25th June, 2011 and prefer appropriate petition which may be considered
sympathetically in view of the above submission.
This petition is disposed of with the above observations.
(D. K. Sinha, J.)
R.Kumar