SIKANDAR KUMAR SWARNKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the order dtd. 1/9/2022 passed in Misc. Case No.33 of 2022 by the learned Sessions Judge, Giridih whereby and where under the anticipatory bail granted to the petitioners vide order dtd. 4/2/2022 passed in A.B.P. No.1303 of 2021 has been cancelled and to allow the petitioners to remain with the same bail bond; in connection with Jamua P.S. Case No.241 of 2021 registered for the offences punishable under Ss. 341, 323, 307, 504, 379, 34 of the Indian Penal Code inter alia against the petitioners.

(3.) The brief facts of the case is that the petitioners were given the privileges of anticipatory bail by the learned Sessions Judge, Giridih vide order dtd. 4/2/2022 passed in Anticipatory Bail Petition No.1303 of 2021 by the learned Sessions Judge, Giridih. In terms of the said order, the petitioners surrendered before the trial court on 16/2/2022 and their bail bond was accepted by the trial court on the same day in connection with Jamua P.S. Case No.241 of 2021 involving the offences punishable under Ss. 341, 323, 307, 504, 379, 34 of the Indian Penal Code. The informant filed a petition before the learned Sessions Judge, Giridih with a prayer to cancel the bail granted to the petitioners in terms of the said A.B.P. No.1303 of 2021 dtd. 4/2/2022. The learned Sessions Judge, Giridih considered that during the hearing of A.B.P. No.1303 of 2021, the petitioners compromised the case and the petitioners were ready to keep the informant with full honour and dignity, hence, the petitioners were granted anticipatory bail but as the petitioners violated the terms and conditions of the compromise, the learned Sessions Judge, Giridih cancelled the anticipatory bail granted to the petitioners.