AAMIRUDH DAULLAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Musabani P.S. Case No.23 of 2018 (G.R. No. 283 of 2018) registered under sections 354/509/504/506 of the Indian Penal Code and under section 66(A) (a) (b) (c)/66(D)/67/67(A) of I.T. Act.

(2.) Perusal of the record reveals that this is the second journey of the petitioner for grant of privilege of anticipatory bail. Earlier he filed A.B.A. No. 7177 of 2018 but on 06.03.2019, the petitioner prayed for withdrawal of his anticipatory bail application and accordingly the said A.B.A. No. 7177 of 2018 was dismissed as withdrawn.

(3.) The Learned counsel for the petitioner submits that after withdrawal of A.B.A. No. 7177 of 2018, proclamation of the process under section 82 was made and after proclamation of the process under section 82 Cr.P.C. as the petitioner did not appear before the trial court and continued evading his arrest, hence the process under section 83 Cr.P.C. was also issued by the trial court against the petitioner. The petitioner thereafter filed Cr.M.P. No. 1392 of 2019 for quashing the orders dated 28.03.2019 and 07.06.2019 whereby the proclamation under section 82 Cr.P.C. and order of attachment under section 83 Cr.P.C. has respectively been issued by the court of A.C.J.M., Ghatshila in G.R. No. 283 of 2018. Vide order dated 09.08.2019 in Cr.M.P. No. 1392 of 2019, a coordinate Bench of this Court being of the view that a reasonable opportunity should have been provided to the petitioner to appear in the court below considering the fact that another coordinate Bench of this Court ordered of no coercive steps till 06.03.2019 in A.B.A. No. 7177 of 2018, set aside the said two orders of the trial court but categorically observed that the petitioner shall appear before the court below which shall, after giving an opportunity of hearing to the parties, pass necessary orders in accordance with law. It is further submitted that the petitioner has not appeared before the trial court and thus not complied the order of the coordinate Bench of this Court in Cr.M.P. No. 1392 of 2019 though five months has elapsed from the date of the said order.