SANJEEV KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners are accused in connection with SC/ST P.S. Case No.16 of 2015, corresponding to T.R. No.148 of 2018/280 of 2017 pending in the Court of learned Special Judge-cum-Additional Sessions Judge-I, Babaha, West Champaran. The petitioners were allowed bail on 24.06.2016 after order of cognizance in the case dated 08.02.2016 and 25.07.2016. Thereafter, by order dated 22.03.2017 the record was transmitted by the learned Sub-Divisional Judicial Magistrate to the Special Judge as the offence under the provisions of SC/ST Act was triable by the Special Judge. The date already fixed in the case was on 25.03.2017. However, the record was not put up before the learned Special Judge on 25.03.2017; rather it was put up on 27.03.2019 on a date not already notified and the next date was fixed on 07.06.2017. The order sheet thereafter reveals that the petitioners were never communicated about the transmission of the record from the Court of learned Sub-Divisional Judicial Magistrate to the Court of learned Special Judge and bail bond of the petitioner was abruptly cancelled on 04.04.2019.

(3.) Apparently, the impugned order suffers from noncompliance of the mandate of law resulting in failure of justice. Hence, the same stands quashed and the petitioners are directed to appear before the learned Court-below within four weeks from today along with a copy of this order and the appearance of the petitioner shall be treated as first appearance after bail granted by the Court-below. It is made clear that this is not a case of misuse of privilege of bail.