ILLYAS SHAIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Though notice has been published that the Interlocutory Applications in the respective Cr.M.P.s. shall be taken up by me (D.K. Sinha) in Court No. 9 at 2.15 p.m. but I find that I.A.No.2188 of 2010 in Cr.M.P. No. 1062 of 2010, I.A.No.2187 of 2010 in Cr.M.P. No. 1114 of 2010, I.A. No. 2195 of 2010 in Cr.M.P. No. 1136 of 2010 and I.A. No. 2184 of 2010 in Cr.M.P. No. 1160 of 2010 have been annexed inadvertently by the staff. As such order is being passed only in the aforementioned Interlocutory Applications of the cause title connected with the relevant Criminal Misc. Petitions.

(2.) All the Interlocutory Applications aforementioned have been preferred by the Petitioner for the modification in the orders dated 08.09.2010 and 17.9.2010 passed by the Co-ordinate Bench of this Court with certain observations. While dealing with Interlocutory Applications in the respective Criminal Miscellaneous Petitions referred to above a Co-ordinate Bench of this Court observed, Considering the entire facts and circumstances, the Impugned orders passed by the learned C-I.M. In each of these cases whereby warrant of arrest and process under Sections 82 and 83 of the Code of Criminal Procedure. were Issued against the Petitioner, are hereby quashed.

(3.) Learned Senior Counsel Mr. Dey submitted that by the aforesaid order, the Petitioner was directed to appear before the court below within 15 days from the date of the order in those cases in which he could not obtain bail but the Petitioner was prevented by sufficient means and unavoidable circumstances as he was suffering from Urinery Tract Infection since 02.09.2010 much prior to the recording of the order in all the Misc. Petitions on 08.09.2010. He was seeking advice from Dr. R.N. Prasad time to time at Bokaro, as such, he could not appear in the Court within time framed.