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2025 DAILYLAW 34767 (JHR)

SURESH MURMU v. THE STATE OF JHARKHAND

Cr.M.P./1123/2024 · 2025-04-16

Anil Kumar Choudhary

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Judgment text

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( 2025:JHHC:11870 ) Cr.M.P. No. 1123 of 2024 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1123 of 2024 Suresh Murmu, aged about 27 years, son of Raja Murmu, resident of Amarpur, P.O. and P.S. –Ramgarh, District –Dumka, Jharkhand. …... Petitioner Versus The State of Jharkhand ….. Opposite Party For the Petitioner : Mr. Durga C. Mishra, Advocate : Mr. Abhijeet Anand, Advocate For the State : Mr. P.K. Chatterjee, Spl. P.P 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 Cr.P.C. with a prayer to quash the order dated 22.02.2023 passed by the learned Judicial Magistrate -1st Class, Dumka in connection with Ramgarh P.S. Case No. 58 of 2019 corresponding to G.R. Case No. 612 of 2019, whereby and where under the learned Judicial Magistrate – 1st Class, Dumka has cancelled the bail granted to the petitioner and issued nonbailable warrant of arrest against the petitioner, as the petitioner failed to appear in the court even though he was on bail and the case is pending in the court of learned Judicial Magistrate -1st Class, Dumka. 3. The learned counsel for the petitioner submits that because of the COVID-19 pandemic, the petitioner could not contact his ( 2025:JHHC:11870 ) Cr.M.P. No. 1123 of 2024 2 lawyer as he was not aware about the date fixed thereafter, hence, he could not appear on six different dates-in-person, nor any pairvi could be done on his behalf. It is further submitted that the petitioner undertakes to surrender before the court below within six weeks and undertakes to remain physically present on each and every date, to which, the G.R. Case No. 612 of 2019 will be next fixed. Hence, it is submitted that the appropriate order be passed. 4. Learned Spl. P.P. submits that if the petitioner undertakes to surrender before the court below, he has to make prayer for bail there and in case, bail is granted to him, he has to furnish fresh bail bond. 5. Having heard the submissions made at the Bar and after going through the materials available in the record, this Court is of the considered view that as the petitioner undertakes to surrender before the court below within six weeks from the date of this order and to remain physically present on all the dates fixed to which, the G.R. Case No. 612 of 2019 will be next fixed; hence, this criminal miscellaneous petition is disposed of by directing the petitioner to appear before the trial court within six weeks, from the date of this order and in case, the petitioner surrenders before the trial court within six weeks, from the date of this order and prays for regular bail, the petitioner be granted regular bail on furnishing fresh bail bond of Rs.25,000/- (Rupees Twenty Five ( 2025:JHHC:11870 ) Cr.M.P. No. 1123 of 2024 3 Thousand) with two sureties in connection with G.R. Case No. 612 of 2019 with the condition that he will remain physically present , in the trial court, on each of the dates fixed to which, the G.R. Case No. 612 of 2019 will be next fixed by learned trial court. 6. In case, the petitioner fails to appear before the learned trial court within six weeks, from the date of this order, learned trial court is directed to take all coercive steps against the petitioner for his apprehension for facing the trial forthwith. 7. In the result, this criminal miscellaneous petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 16th April, 2025 AFR/Sonu-Gunjan/-