CRIMINAL MISCELLANEOUS No.112 OF 2003 In the matter of an application under Section 482 of the Code of Criminal Procedure ------------ MAHESH SHUKLA @ MAHESH PRASAD SHUKLA, Son of Late Ram Murat Shukla, resident of Village- Bishanpur Titra, P.S. Raja Pakar, District-Vaishali ----------- Petitioner. Versus THE STATE OF BIHAR ---- Opp.Party. ------------ For the petitioner: None. For the State : Sri Matloob Ram, A.P.P. P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. Today again, on call none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. On 1.9.2010 also, on call none had appeared on behalf of the petitioner and, as such, the case was adjourned for the day with an indication that no further adjournment shall be granted. While adjourning the case, it was noticed that in this case interim order of stay was continuing since 17.2.2003. 2. It is a peculiar case , in which a prayer was made by the sole petitioner for quashing of an order dated 21.8.2002 passed by the learned 4th Addl.Sessions Judge, Hajipur, Vaishali in Raja Pakar P.S.Case No.35 of 1996 . By the said order, the prayer of the petitioner for remaining on previous bail was rejected. In this case earlier lower court record was called for. It appears that in the case an earlier F.I.R. was instituted under Sections 448,341,323,354 of the Indian Penal Code. While witnesses were being examined before the learned Magistrate, witnesses deposed that the petitioner had committed rape and police had not recorded the statement of the 2 informant, as stated by her. After being satisfied that it was a case of rape under Section 376 of the Indian Penal Code, the learned Magistrate, while exercising power under Section 323 of the Code of Criminal Procedure, committed the case to the court of Session. While passing order of commitment, the petitioner was taken into custody despite the fact that the petitioner was earlier granted bail and he had already executed bail bond. At the time of commitment, a petition was filed by the petitioner that he may be allowed to continue on the same bail bond. However, the same was refused. Against the refusal of the prayer of the petitioner to remain on previous bail bond, the petitioner approached this Court by filing the present petition on 3.1.2003. From the lower court record, it appears that the petitioner had also filed a petition for bail before this Court vide Cr.Misc.No.28423 of 2002. The bail petition of the petitioner was allowed on 24.1.2003 and thereafter in view of bail order granted by this Court, the petitioner furnished bail bond on 28.1.2003 and, as such, release order was issued on 29.1.2003 by the learned Sessions Judge in Sessions Trial No.448 of 2002. It further appears that after commitment, charge under Section 376 of the Indian Penal Code was also framed on 17.12.2002 against the petitioner. Once the petitioner was already released on bail, in view of bail order passed by this Court, there was no occasion for the petitioner to press the present petition. However on 17.2.2003, the present petition was admitted for hearing and while admitting this Court summoned lower court record, which has already been received. It was further directed that during the pendency of this application, 3 further proceeding in S.T.No.448 of 2002 pending in the court of learned A.D.J.IV Vaishali at Hajipur shall remain stayed. Accordingly, the order of stay is still continuing. 3. In view of the fact that the petitioner was already released on bail prior to admission of the present petition, I do not think it proper to further keep the matter pending before this Court. 4. Accordingly, the petition stands rejected. 5. Since the matter had remained pending before this Court for a long period, it is desirable to direct the court below to proceed with the trial expeditiously and conclude the same without granting any unnecessary adjournment. 6. Office is directed to remit back the lower court record forthwith along with a copy of this order. With above observation and direction, the petition stands rejected. Patna High Court,Patna Dated : the 03 September,2010 Nawal Kishore Singh/ N.A.F.R. ( Rakesh Kumar, J.)