AI Structured Summary
Not yet generated for this judgment
Judgment
Today this case is listed before the Vacation Bench in reference to this courts previous order dated 11.6.18 for consideration of I.A.No.4021/18 filed
by the applicant for hearing during summer vacation.
The appearing counsel for the complainant, Shri Anand Kumar Dubey submits that in compliance of this court's previous order dated 11.6.18 today
he has filed continuous order sheets of relating pending Sessions Trial no.65/17 before the Court of Additional Sessions Judge, Seondha, District Datia
from the date of 8.6.17 on which committal order was passed by the JMFC, Seondha till 1.6.2018.
Learned Public Prosecutor appearing on behalf of respondent/State intimates that in view of the point involved in this Misc. Criminal Case relating
to the petition filed under Section 482 of Cr.P.C by the applicant, the production of related case diary of crime no.46/2016 of Police Station Atreta,
District Datia is not necessary.
In view of the alleged urgency shown by the applicant, with consent of the counsel for the parties, they were heard finally and the papers available
on record filed by the applicant as well as by the complainant are perused.
Relevant facts are that, present applicant Lakhan Singh filed an anticipatory bail application under Section 438 of Cr.P.C. Before this Court in
relation to crime no.46/2016 registered under Sections 420,467,468,471,120-B,193 of the IPC of Polce Station Atreta, District Datia and applicants
anticipatory bail application was allowed by this court's order dated 7.2.2017 passed in M.Cr.C.No.1434/2017,whose certified copy is annexed with
the petition.
In above mentioned order dated 7-2-2017 following direction was given to the applicant:-
“Applicant may apply for regular bail within a period of 30 days before the Competent Court.â€
Applicant in his petition, filed under Section 482 of Cr.P.C pleaded that in compliance to above mentioned direction, he had to file regular bail
petition before court concerned till 6-02-2017 but unfortunately the applicant met with a vehicular accident on 2-03-2017, when applicant's motor cycle
collided with a car bearing registration No.MP07CD-4055, as the driver of the said car was driving his car rashly and negligently and due to this
accident, the applicant, who was driving his motor cycle, and his wife Laxmibai, who was pillion rider on the motor cycle, got injured and received
grievous injuries in his both legs and in relation to this accident crime no.14/17 was registered on 2.3.17 at police station Utilla, District Gwalior on a
report lodged by applicants younger brother Jaswant Singh. Thereafter, applicant remained hospitalized at J.A.Hospital,Gwalior for a period 2.3.17 to
30.3.17 during which applicants legs were operated and he again remained hospitalized in same hospital from 5.05-2017 to 17-5-2017 and the relating
photocopies of discharge tickets have been filed with the petition. Due to the grievous injuries the applicant remained unable to walk and hence he was
unable to appear before the lower court to present his regular bail petition.
However, following prayer is made in the petition filed by the present applicant under Section 482 of Cr.P.C.:-
â€It is therefore most respectfully prayed that the Hon'ble Court may kindly be pleased to allow the instant petition and may further please to direct
the respondent authority to refrain from arresting the applicant and be further pleased to grant 30 days time to apply before the competent court for
regular bail. Any other direction, in the peculiar facts and circumstances, may kindly be issued in the interest of justice.â€
Applicant's learned counsel contends that due to above mentioned unavoidable reasons the applicant remained unable to appear before the lower
court and in presenting the regular bail application . Hence it is prayed that , he may be granted some further time for appearing before trial court for
presenting regular bail petition.
The above mentioned prayer has been strongly opposed by the learned Public Prosecutor and counsel appearing for complainant on the ground
that even from the photocopies of discharge tickets filed by the applicant himself , it is clear that he remained hospitalized only from 8-03-2017 30-03-
2017 and thereafter from 5-05-2017 to 17-5-2017 and on the basis of certified copies of continuous order sheets of committal court and trial court
from 8-06-2017 to 1-06-2018, it has been contended that on 23.6.2017 before committal court JMFC,Sewda, an application on 8-6-2017 was presented
on behalf of the applicant Lakhan Singh intimating the relating court that he has received fractures in both of his legs in vehicular accident but as on
23.6.2017, no any application was filed on behalf of applicant before trial Court Seondha, hence it ordered for issuance of arrest warrant against
applicant and relating sessions trial was fixed for appearance of applicants on 10.7.2017. It is clear from the continuous order sheets of different dates
from 10.7.2017 to 9-4-2018 that various issued arrest warrants against applicant remained unserved and on 10-5-2018, the trial court recorded the
statement of Assistant Sub Inspector Shri Brajesh Kumar Mishra in relation to unserved arrest warrants, wherein he deposed that the villagers and the
present applicants brother Bhagwan Singh intimated to police officer that Lakhan Singh is not residing in the relating village for the last one year and
he is absconding and there is no possibility of his arrest in near future. Hence on the basis of relating abscondence memo and above statement, the
trial court on 10.5.18 declared the present applicant absconder under Section 299 of the Cr.P.C and also ordered for issuance of perpetual warrant
against the applicant.
The Learned Public Prosecutor placing reliance on Apex Court judgments on the cases of State of M.P. Vs. Pradeep Sharma as reported in
(2014)2 SCC 171 and Lavesh Vs. State (NCT of Delhi) as reported in (2012) 8 SCC 730 argued that as trial court has declared the present applicant
absconder and has issued perpetual arrest warrants against him, now in the garb of petition under Section 482 of Cr.P.C., the previously granted
period for applying before competent court for regular bail could not be extended because if applicant's petition is allowed then impliedly it would
extend the period granted up to 6.02.2017 to a future date to be given by this court. Hence dismissal of the applicant's petition is prayed.
The provision of Section 482 of Cr.P.C is as follows:-
“482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to
make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to
secure the ends of justice.â€
It appears from the perusal of the above mentioned provisions enacted by the legislature that inherent powers by this court could be exercised only
to give effect to any order passed by this court.
It is well settled that any accused, whether he has been given benefit of anticipatory bail by any court for a limited period or not, could appear
before competent court and may file regular bail petition, if so advised. It would be significant to mention here that the present petition before this
court was filed on 3-4-2017 wherein further period of 30 days was only prayed by the applicant originally to present regular bail petition before
competent court. But it is clear that after presenting the petition under consideration on 3-4-2017, practically the applicant has availed a period of more
than one year and two months, but still he has not appeared before the trial court and not presented the regular bail petition before it.
It appears from the photocopies filed on behalf of the applicants before this court on 11-6-2018 in the shape of document no.579/18 which included
photocopy of OPD ticket of Gajra Raja Medical College, Gwalior and J.A Group of Hospitals, Gwalior. This OPD ticket reveals that on 8-6-2018
applicant Lakhan Singh appeared in above mentioned hospital as outdoor patient, but he is feeling difficulty in appearing before the trial court and to
present a regular bail application in accordance with law. It appears that in view of these facts and circumstances, the applicant is actually misusing
the process of law. As pointed out earlier, the applicant has been declared absconder by the trial court on the basis of evidence and record available
before it and has issued perpetual arrest warrant.
In such facts and circumstances, there appears no reason for granting further time to applicant for enabling him to appear before the trial court
because the applicant is free to appear before the competent court and present a regular bail petition before it. There appears no reason for invoking
inherent powers vested in this court under Section 482 of Cr.P.C. for granting his above mentioned prayer originally claimed in the petition under
consideration, as it is clear that instead of originally claimed 30 days, practically the applicant has availed a period of more than one year and two
months and now he is voluntarily avoiding his presence before the trial court and delaying the conclusion of pending sessions trial related to him.
Consequently, the petition filed by the applicant Lakhan Singh is dismissed. No order as to costs.