Jharkhand High Court
Hemant Yadav Alias Hemant Kumar Yadav vs The State Of Jharkhand And Anr on 11 January, 2017
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 2626 of 2016
Hemant Yadav @ Hemant Kumar Yadav .... Petitioner
Versus
1. The State of Jharkhand
2. Sri Rakesh Kumar Yadav ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Munna Lal Yadav, Advocate
For the State : Mrs. Sadhna Kumar, A.P.P.
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Order No. 05 Dated 11th January, 2017
Heard Mr. Munna Lal Yadav, learned counsel appearing for the
petitioner and Mrs. Sadhna Kumar, learned A.P.P. appearing for the
State.
In this application, the petitioner has prayed for quashing the
orders dated 09.09.2015 and 28.01.2016 and 05.05.2016 passed by
learned Sessions Judge, Dhanbad in S.T. No. 211 of 2004, whereby
non-bailable warrant of arrest, proclamation u/s 82 Cr.P.C. and process
u/s 83 Cr.P.C. respectively have been directed to be issued against the
petitioner.
It appears that an F.I.R. has been instituted against the petitioner
for the offence punishable u/s 279, 427, 429 and 307 I.P.C. Plea was
taken with respect to the mental instability of the petitioner for which a
report was called for from the RINPAS, Ranchi and considering the
mental health of the petitioner he was granted bail vide order dated
07.03.2005, giving benefit of Section 330 Cr.P.C. It further appears that since the order dated 27.07.2015, directing the petitioner to produce current medical report with respect to the mental health of the petitioner was not produced when the case was fixed on 09.09.2015, the bail bond of the petitioner was cancelled and non-bailable warrant of arrest was directed to be issued against the petitioner. Subsequently proclamation u/s 82 Cr.P.C. and process u/s 83 Cr.P.C. respectively have been directed to be issued vide orders dated 28.01.2016 and 05.05.2016 against the petitioner for securing his attendance.
The supplementary affidavit filed on behalf of the petitioner suggests that the petitioner is still undergoing treatment at RINPAS, Ranchi, where he was admitted on 21.12.2016 and is still undergoing treatment at RINPAS. Although the document, which has been brought on record by the learned counsel for the petitioner, does not relate to 2. the period during which learned trial court had called for the current medical report of the petitioner, but nonetheless it could not be disputed that the petitioner is still undergoing treatment at RINPAS, Ranchi.
Taking a considerate view of the aforementioned mental health of the petitioner, the impugned orders dated 09.09.2015 and 28.01.2016 and 05.05.2016 passed by learned Sessions Judge, Dhanbad in S.T. No. 211 of 2004, whereby non-bailable warrant of arrest, proclamation u/s 82 Cr.P.C. and process u/s 83 Cr.P.C. respectively have been directed to be issued against the petitioner, are hereby quashed and set aside.
The petitioner is directed to produce the current medical reports with respect to his health through his counsel before learned trial court on the next date of hearing. The petitioner is permitted to remain on previous bail which was granted to him subject to the condition that the mental health report of the petitioner shall be produced by his counsel before the learned trial court on the next date of hearing. If the current mental health report is not produced before the learned trial court as has been indicated in the order, this order shall not be given effect to.
This application stands disposed of. Pending I.A. also stands disposed of.
Let a copy of this order be communicated through fax at the cost of petitioner.
(RONGON MUKHOPADHYAY, J.) MK