[ 2025:JHHC:32675] 1 Cr.M.P. No. 2358 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2358 of 2023 Md. Ashraf Ali @ Md. Asraf Alı aged about 58 years S/o Md. Hussain, r/o village: Pakuria, PO.& P.S-Paharpur, Dist.- East Champaran (Bihar), presently posted as Urdu translator in Block Office Palkot, Gumla P.O.& P.S.- Palkot, Dist.- Gumla. ...... Petitioner Versus The State of Jharkhand ….. Opposite Party For the Petitioner : Mr. Nityanand Prasad Choudhary ,Adv. For the State : Mr. Bhola Nath Ojha , Spl. PP P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of CrPC with the prayer for quashing and setting aside the order dated 10.07.2023 passed by learned Sessions Judge, Dumka in Cr. Appeal no. 32 of 2023 and to confirm the provisional bail granted to the petitioner in connection with G.R. case no. 533 of 2013, T.R. case no. 905 of 2023 corresponding to Ramgarh P.S. case no. 61 of 2013. 3. The brief fact of the case is that the petitioner was convicted vide judgment dated 08.06.2023 in G.R. case no. 533 of 2013 for having committed the offence punishable under Section 409 of IPC and was sentenced to Rigorous Imprisonment for three years and to pay compensation of Rs. 2,00,000/- and in default, Rigorous imprisonment of six months. The petitioner was granted provisional bail and the petitioner filed Cr. Appeal no. 32 of 2023 in the court of learned Sessions Judge, Dumka but did not file the court fees of Rs. 50/- along with appeal memo. The Cr. Appeal no. 32 of 2023 was fixed to 10.07.2023. On 10.07.2023, the petitioner – appellant filed court fees of Rs. 50/-. By 10.07.2023, the [ 2025:JHHC:32675] 2 Cr.M.P. No. 2358 of 2023 provisional bail dated 07.07.2023 which was granted to the petitioner by learned JMFC, Dumka in G.R. case no. 533 of 2013, was lapsed. As on 10.07.2023, the petitioner –appellant was not on provisional bail, hence, learned Sessions Judge, Dumka directed the petitioner to surrender before the trial court but the petitioner is absconding since then. 4. Learned counsel for the petitioner submits that the memo of appeal was filed within 30 days from the date of judgment and the petitioner being granted provisional bail for 30 days, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. Learned Spl. PP on the other hand vehemently opposes the prayer of the petitioner and submits that filing of a defective appeal by not paying court fees could not have been admitted, certainly such defective filing of the appeal, could not extend the period for which the petitioner was granted the provisional bail by learned trial court. So, as on 10.07.2023, admittedly the petitioner was not on provisional bail, the question of confirmation of the provisional bail on 10.07.2023 does not arise. Hence, learned Sessions Judge, Dumka has not committed any illegality in passing the impugned order. It is lastly submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed. 6. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that the admitted facts of the petitioner is that he filed defective appeal on 07.07.2023 by not paying the adequate court fees and the court fees was paid on 10.07.2023 and by that time, the provisional bail granted to the petitioner by the trial court, in connection with G.R. case no. 533 of 2013, T.R. case no. 905 of 2023 corresponding to Ramgarh P.S. case no. 61 of 2013 dated 07.07.2023 lapsed and there is no rhyme and reason as to why the petitioner did not approach the trial court for extension of the period of provisional bail. Since on 10.07.2023, the petitioner was not on provisional bail, hence, the question of confirmation of [ 2025:JHHC:32675] 3 Cr.M.P. No. 2358 of 2023 the provisional bail on 10.07.2023 does not arise. Therefore, learned Sessions Judge, Dumka has rightly directed the petitioner to surrender before learned trial court. Hence, there is no justifiable reason to interfere with the order dated 10.07.2023 passed by learned Sessions Judge, Dumka in exercise of the power under Section 482 of CrPC. 7. Accordingly, this Criminal Miscellaneous Petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 16th October, 2025 Smita /AFR Uploaded on 31 / 10 /2025