Pokhan Mahto And Ors vs State Of Jharkhand

The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11:00 A.M. They have no complaint in respect of the audio and video clarity and quality.

This case was listed/supposed to be listed before the Lawazima Board of the Registrar General for passing an order in respect of the defects, pointed out by the office.

Considering the pandemic situation where the Court has minimized the footfall of the lawyers and their clerks in the Court, this Court felt proper to get all the cases listed before this Court so that the defects can be looked into at this stage only. Thus, this case is listed today before the Court directly.

The defect(s) as pointed out by the office stand ignored for the present.

With the consent of the parties, the matter is taken up for hearing on merits.

Heard the counsel for the parties.

The petitioners have challenged the order dated 27.3.2019 by which, the bail and bail bond(s) of the petitioners have been cancelled. The petitioners have also challenged order dated 01.10.2019, whereby process under Section 82 Cr.P.C has been issued against them in connection with Forest Case No. 46/2016 for the offence under Sections 33/33C/66/63 of the Indian Forest Act, pending in the court of learned Judicial Magistrate, 1st Class, Giridih.

Learned counsel for the petitioners submits that because of unforeseen circumstances, the petitioners could not appear and they undertake to appear before the court below within three weeks.

Considering the submission of the petitioners, I direct the petitioners to appear before the court below within three weeks and file fresh bail bonds. If the same are in order, it will be accepted. If they appear within three weeks from today, the impugned order dated 27.3.2019 and the order dated 1.10.2019, by which process under Section 82 Cr.,P.C has been issued, will not be given effect to. It is made clear that on the day the petitioners appear virtually, the substance of accusation should be explained and recorded by the court below immediately.

If the petitioners fail to appear, the court below will proceed accordingly and all coercive steps shall be taken against them in terms of the order impugned in this petition.

Accordingly, this petition stands disposed of.