MUNSHI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is filed by the petitioners who are facing trial in Sessions Trial No.462 of 1997 arising out of Pachrukhi P.S. case No.136 of 1996 registered under Ss. 341 of the Indian Penal Code. They are aggrieved with the impugned order dtd. 16/5/2015 whereby the trial court declaring them absconder has issued permanent warrant of arrest.

(2.) Learned counsel for the petitioners submits that the record of the trial court got burnt in accidental fire caught in the record room of Siwan Judgeship, thereafter, it was reconstructed on 16/3/2017. The petitioners were on bail and after commitment of the case they appeared before the Sessions Court and granted bail by order dtd. 9/4/2010 and 26/4/2010. Thereafter, one of the accused Ramnath Singh died in the year 1999, the information in this regard was given to the Court thereafter a report was called for. While it was pending for the said report the case got transferred from one Sessions Court to another, so bail bond of the petitioners were cancelled on 3/4/2012 consequently non-bailable warrant was issued. However, the petitioners had no knowledge of the case being transferred to another Court and the warrant was also not executed by the police. They had no knowledge for issuance of the warrant and the trial court by order dtd. 6/1/2015 issued processes under Ss. 82 of Cr.P.C. declaring him proclaimed offender and simultaneously passed the order for attachment of property of proclaimed offender. It is further submitted that there is no execution report of the non-bailable warrant issued against the petitioners so he had neither absconded nor concealed himself and also issuing of the processes under Ss. 82 of the Cr.P.C. simultaneously is bad in law.

(3.) Learned counsel for the State submits that the petitioners were not appearing before the trial court for a long period and, therefore, all the processes were issued by the Court to secure their appearance.