RANCHI, India, Dec. 10 -- Jharkhand High Court issued the following order on Nov. 10:
I.A. No.14627 of 2025
Heard the parties.
Learned counsel for the petitioners submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition.
Since, the hearing of this Criminal Miscellaneous Petition is taken up today, hence, this interlocutory application stands disposed of being infructuous.
Cr.M.P. No.606 of 2025
1. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 03.09.2024 passed by the learned Chief Judicial Magistrate, Chaibasa in connection with Chaibasa Sadar P.S. Case No.65 of 2023.
2. Initially, though the case was instituted involving the offences punishable under Sections 341, 323, 325, 427, 504, 506, 34 of the Indian Penal Code but police after investigation of the case, submitted chargesheet against the petitioners for having in furtherance of their common intention committing the murder of Vinod Kumar Das. The petitioners did not appear after submission of the charge-sheet in the trial court even though they were on police bail. The learned trial court considering the judgment of the Hon'ble Supreme Court of India in the case of Pradeep Ram vs. The State of Jharkhand & Another reported in 2019 Supreme (SC) 716 and also reported in (2019) 17 SCC 326 paragraph-31 to 31.4 of which read as under:-
"31. In view of the foregoing discussions, we arrive at the following conclusions in respect of a circumstance where after grant of bail to an accused, further cognizable and non-bailable offences are added:
31.1. The accused can surrender and apply for bail for newly added cognizable and non-bailable offences. In event of refusal of bail, the accused can certainly be arrested.
31.2. The investigating agency can seek order from the court under Section 437(5) or 439(2) CrPC for arrest of the accused and his custody.
31.3. The court, in exercise of power under Section 437(5) or 439(2) CrPC, can direct for taking into custody the accused who has already been granted bail after cancellation of his bail. The court in exercise of power under Section 437(5) as well as Section 439(2) can direct the person who has already been granted bail to be arrested and commit him to custody on addition of graver and non-bailable offences which may not be necessary always with order of cancelling of earlier bail." (Emphasis supplied)
cancelled the bail granted to the petitioners in view of commission of the serious offence punishable under Section 302 of the Indian Penal Code by the petitioners and taking cognizance of the said offence by the learned Magistrate. The landed Magistrate then issued non-bailable warrant of arrest against the petitioners.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x3A3QApcFYICr%2BkUeTHl2YUFiq%2F1YcMjhRd%2FH%2F0w9IVL&caseno=Cr.M.P./606/2025&cCode=1&cino=JHHC010068502025&state_code=7&appFlag=)
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