2024 (5) TMI 1322

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aspur, [H.P.] in Case No 251/3 of 2022, titled as Shriram Transport Finance Company Limited versus Dipender Thakur whereby, the Learned Trial Court has dismissed the application filed by the petitioner under Section 70(2) of the Code of Criminal Procedure for cancellation of the NBW's and against denial of bail, and by sending the petitioner to judicial custody on 23.04.2024 till 06.05.2024. 2. On listing of the case today, Mr. Ashwani Kaundal, Advocate, appears and waives service of notice on behalf of the respondent. 3. With the consent of the parties and in peculiar facts of this case, the instant petition is taken up for hearing/disposal at this stage. 4. Precisely, the case set up by Mr. Vinod Kumar Gupta, learned counsel for ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e reasons in support of his ailment. While passing the impugned order the petitioner-accused was sent to judicial custody till 08.05.2024, subject to the condition that he shall be produced through Video Conferencing before the Learned Trial Court on 06.05.2024, if he was not bailed out earlier. 6. Heard Mr. Vinod Kumar Gupta, Learned Counsel for the petitioner and Mr. Ashwani Kaundal, Learned Counsel for the respondent. 7. A perusal of the case records reveal that the order dated 23.04.2024, (Annexure P-3), passed by the Learned Chief judicial Magistrate, Bilaspur, District Bilaspur, (HP) rejecting-disposing of the application under Section 70(2) of the Code of Criminal Procedure, for cancelling the Non Bailable Warrants [NBW's] and ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r-accused, appeared, on surrender, before the Learned Trial Court on 23.04.2024, then, the learned Trial Court could not refuse the bail, merely on account of the fact that the petitioner had not disclosed the ground, on which he could not appear, in response to the issuance of Non Bailable Warrants [NBW's], in terms of Section 70(2) of the Code of Criminal Procedure, which is an alien consideration altogether, when, the object of bail as per mandate of law, is to ensure the presence of the accused before the Investigation or during Trial, as the case may be. Once it is nowhere borne out from the records that the petitioner-accused [Dipender Thakur] herein, after his surrender on 23.04.2024, had failed to or had intended not to participate ....