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Showing contexts for: section 82,83 crpc in Shoukat Ali @ Shaukat Ali @ Soukat Ali vs The State Of Jharkhand ..... ...... Opp. ... on 7 February, 2019Matching Fragments
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioners : Mr. Sanjay Kr. Pandey, Adv.
For the Opp. Party : Mr. G.S. Prasad, APP
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04/07.02.2019 The petitioners seek quashing of the order
dated 18.05.2017 by which bail-bonds furnished by them have been cancelled and non-bailable warrant of arrest has been issued and order dated 03.02.2018 by which processes under section 82/83 Cr.P.C have been issued against them.
2. Briefly stated, after the investigation in Jugsalai P.S. Case No.18 of 2011 which was registered on 23.02.2011 for the offence punishable under sections 341, 323, 379, 504, 506 & 34 IPC a charge-sheet was submitted and cognizance of the offence was taken on 28.05.2011. All the offences for which cognizance has been taken are bailable in nature. On their appearance both the petitioners were released on bail, however, when they failed to appear before the Magistrate on 3 consecutive dates i.e. on 16.02.2017, 21.03.2017 and 01.05.2017, on the next date of hearing i.e. on 18.05.2017 their bail-bonds were cancelled. Now, it is stated that processes under section 82/83 Cr.P.C have also been issued against them. Without recording facts of the case in detail, suffice it would be to record that by an order dated 03.02.2018 processes under section 82 and section 83 both have been issued by the same order. The opening line of section 83 Cr.P.C; after issuing process under section 82 Cr.P.C at any time process under section 83 Cr.P.C can be issued, indicate that after process under section 82 Cr.P.C has been issued process under section 83 Cr.P.C can be issued. Now doubt, in extra-ordinary circumstances within one day both processes can be issued but in no case these can be issued simultaneously on the same day. Exercise of powers by the Magistrate under section 82 and section 83 Cr.P.C must be founded on the subjective satisfaction of the Magistrate which the Magistrate forms on the basis of the materials produced before him. It is not that on mere asking of the investigating officer the Magistrate must issue processes under section 82 Cr.P.C or under section 83 Cr.P.C. For the aforesaid illegality in the order dated 03.02.2018, this order must go.