PAPINDER SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LA. No. 2219 of 2008 has been filed, by the petitioner seeking an amendment in the order dated 16-10-2006 passed by this Court whereby the provisional bail of the petitioner was cancelled.

(2.) LEARNED counsel for the petitioner would submit that by aforesaid order, the petitioner was directed to surrender himself before the Court below forthwith and in failure of the petitioner to comply with the order, a liberty was given to the Court below to take appropriate coercive steps in order to secure the petitioner's appearance. It is explained that the petitioner could not surrender before the Court below forthwith on account of the fact that he had taken time to arrange for the money which was to be paid to the complainant. The petitioner has ultimately been able to collect the fund and to pay up the complainant a sum of Rs. 1,00,000/ -. The complainant having acknowledged the receipt of such payment, has now agreed to settle the dispute with the petitioner out of Court and to compromise the case. The petitioner apprehends that since he has not been able to surrender before the Court below "forthwith" as directed in the order dated 16-10-2006 of this Court, learned Court below may not consider the petitioner's prayer for bail in the light of the merits of the case including compromise effected between him and the complainant and may reject his prayer for bail.

(3.) FROM the perusal of the order dated 16-10-2006, it appears that though earlier the petitioner was granted provisional bail to enable him to arrange money which was required to be deposited with the complainant, the petitioner did not make any effort to comply with the order for which he was granted provisional bail. Ultimately, even after having granted sufficient time to him when the earlier order of payment of money was not complied with, the order granting provisional bail, was cancelled and the petitioner was directed to surrender forthwith before the Court below. The mere fact that the petitioner for some reason, could not surrender before the Court below does not constitute any fresh ground to reconsider the matter and make any modification in the matter. The petitioner was bound by the earlier order to surrender before the Court below at the earliest. Upon such surrender, he had the liberty to make his prayer for bail before the Court below which the Court below shall consider exclusively on the merits of the case and on the basis of submissions as may be pleaded by the petitioner.