NISHANT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the Court. -Heard the parties.

(2.) BOTH the learned counsels appearing on behalf of the parties submitted that this petition may be disposed of at the admission stage.

(3.) FROM perusal of record it appears that this criminal case is of the year 1996 in which, the petitioners were enlarged on bail vide order dated 22.7.1996 but due to non -appearance of the petitioners before the Court below concerned on 23.12.1997, the bail of the petitioners were cancelled and thereafter non -bailable warrants of arrest were issued against the petitioners. 2011 (4) JCR 349 (Jhr), in support of the petitioners case, by which, the order of cancellation of bail bonds is set aside and the trial Court is directed to be careful in future in passing order in case of absence of the accused where only order could be passed of cancellation of bail and not cancellation of bail bonds and after cancellation of bail only, the process of non -bailable warrant can be issued and notices can be given to the sureties. In this order, a direction has also been given to circulate a copy of this order to all the Judicial Magistrate in the State of Jharkhand so that they may follow the procedure properly in the matter of absence of the accused and pass appropriate order. 6. Learned counsel for the State has supported the order impugned and submitted that the Court below has no option but to pass the said order so that the trial may commence further and, therefore, there is no illegality in the order impugned. 7. Learned counsel for the petitioners further submitted that the petitioners are ready and willing to co -operate in the Court proceedings and henceforth they will remain present before the Court below and co -operate in the said criminal proceeding. Learned counsel for the petitioners has further submitted that the petitioners were the students and juvenile when the occurrence took place but now after successfully completing their educations, they are working in reputed company/firm and to this effect, a statement has been made in para 13 of the instant writ petition. 8. In view of the above reasons, particularly in view of the submission made by the learned counsel of the petitioners that the petitioners are ready and willing to co -operate in the Court proceedings and assured that they will remain present before the Court below as and when required in the criminal proceeding, the order dated 23.12.1997 passed in G.R.P.S. Case No. 29 of 1996 by the learned Railway Judicial Magistrate, Dhanbad is set aside and the petitioners are permitted to put their appearance before the trial Court concerned on or before 06th January, 2012 and shall furnish fresh bail bond and co -operate in the said criminal proceeding after marking their attendance before the Court below concerned as and when directed. 9. Accordingly, this writ petition stands disposed of. 10. Let this order be communicated to the Court below concerned through FAX at the cost of the petitioners.