MP High Court Stays Bailable Warrant Issued Against Former CM Shivraj Singh Chauhan, BJP State President
The Madhya Pradesh High Court stayed Bailable Warrants issued by the MP/MLA Court against Former MP CM Shivraj Singh Chauhan, BJP State President VD Sharma and former minister Bhupendra Singh.
Senior Advocate R.N. Singh appeared for the Appellant and Advocate Shivendra Pandey appeared for the Respondent.
The Petitioners filed an application in MP/MLA Court under Section 205 read with Section 317 of the Code of Criminal Procedure seeking exemption from personal appearance. Although the trial Court partly allowed the said application and exempted the personal appearance of the petitioners for the said date only, in respect of permanent exemption from the personal appearance of the Petitioners, the trial Court directed the Petitioners to submit their undertaking on the next date.
However, the Petitioners failed to submit the undertakings therefore, the trial Court rejected the applications filed by the Petitioners and preponed the date of appearance. The Court also directed to issue bailable warrants against the petitioners to secure their presence before the Court.
Hence, the Petitioners approached the High Court under Section 482 of the Code of Criminal Procedure questioning the legality and validity of the orders passed by the Special Judicial Magistrate (MP/MLA Court), Jabalpur.
The Court noted that after taking into account the existing circumstances the petitioners were earlier exempted from their appearance.
The Court further observed that the trial Court had also extended the date of personal appearance of the petitioners and hence under the circumstances the provision of Section 205(2) of Cr.P.C. can be avoided, which is based upon the discretion of the Court.
The Court noted that the Petitioners are contesting the Lok Sabha Election and their constituencies are very far from the Jabalpur Court therefore, according to the Court, when counsel appeared and moved an application showing helplessness to get undertaking then the petitioners could be exempted from furnishing their undertaking.
Accordingly, the Court directed the stay of impugned orders. It also directed that warrants as directed to be issued against the Petitioners shall not be issued till the next date of hearing.
Matter was listed for further hearing.
Cause Title: Shivraj Singh Chauhan & Ors v Vivek Krishna Tankha
Appearance:
Appellant: Senior Advocate R.N. Singh, Adv. Akshat Arjaria
Respondent: Adv. Shivendra Pandey