RADHIKA RAMAN PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has prayed for quashing the order dated 30.6.2008 passed in G.R. Case No. 1711 of 1999 corresponding to T.R. No. 292 of 2008 by Sub Divisional Judicial Magistrate, Hazaribag, whereby non -bailable warrant of arrest was issued against him without cancelling the bail bond furnished by the petitioner. He has also prayed for quashing the order dated 15.9.2008, whereby processes under Sections 82 -83 of the Cr.P.C. have been issued without awaiting the service report of non -bailable warrant.

(2.) LEARNED counsel for the petitioner submitted that the said orders are wholly illegal and have been passed without application of judicial mind. The petitioner was all along on bail and criminal proceeding before the learned court below was stayed. The petitioner should have been given an opportunity for appearing in the court by fixing a date for that purpose in his presence. Without doing so, the learned Magistrate issued the non -bailable warrant behind the back of the petitioner, though the petitioner had never misused the privilege of bail before the said date. It has been submitted that the petitioner is aged about more than seventy years and is a retired doctor and he is ready to appear on each and every date, as and when his attendance is required in the court.

(3.) IN view of the said peculiar facts, the petitioner is given liberty to surrender before the court below within a period of two weeks. If the petitioner surrenders, he shall be released on bail on the same bail bond or on fresh bail bond depending to the satisfaction of the learned court below.