TARAPADO GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) Learned counsel appearing for the petitioner submits that initially this petition was filed by the petitioner wherein prayer was made to quash the entire criminal proceeding of C.P. Case No. 408 of 2007, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad, but subsequently, an I.A. bearing No. 767 of 2009 has been filed wherein prayer has been made to quash the order dated 17.6.2008, whereby and whereunder learned Magistrate cancelled the bail bond and the same time, issued non-bailable warrant of arrest against the petitioner, on the ground that the said order is not in-consonance of the provision as contained in Sec. 317, Cr PC.

(3.) In this regard, learned counsel appearing for the petitioner further submits that when the accused was not represented on 17.6.2008, the Court, under the provision as contained Sec. 317(2) Cr PC should have adjourned the case to other date and would have directed the accused to remain present physically, but the learned Magistrate, by cancelling the bail bond, did commit illegality, as the petitioner on the previous day, had never been ordered to remain present physically on 17.6.2008 and, therefore, impugned order is fit to be set aside.