This order grants provisional bail to the petitioner by directing that the earlier order dated 26.2.2014 in B.A. No. 440 of 2014 be followed once the petitioner fulfills its conditions.
Order dated 26.2.2014 in B.A. No. 440 of 2014 shall be followed and petitioner released on fulfilling conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2341 of 2014
Manoj Kumar
.… Petitioner
-VersusThe State of Jharkhand ..... Opposite Party
------- CORAM : HON’BLE MR. JUSTICE H.C.MISHRA
------For the Petitioner : : M/s. Ashok Kr. Sinha (4) For the State : : M/s. Manoj Kr. No. 4, A.P.P.
2/ 07.11.2014. By order dated 26.2.2014 passed in B.A. No. 440 of 2014, the petitioner was granted provisional bail on the conditions detailed in the said order.
It is submitted that though the petitioner deposited the demand draft in the Court below, but in the meantime he was remanded in another case in which he has since been granted bail, but due to lapse of time he has not been released on bail. However, it is admitted that there is no order passed by the Court below refusing the prayer of the petitioner.
In the order dated 26.2.2014 no date was mentioned as to when the petitioner was to be released on provisional bail. If the petitioner has not yet been released on provisional bail pursuant to the order dated 26.2.2014 passed in B.A. No. 440 of 2014, I see no reason as to why order shall not be followed if the petitioner fulfills the conditions given therein.
This application is accordingly, disposed of with the observation as above.
(H.C.Mishra, J.)
D.S.
2 issues framed by the court
Whether the petitioner can be released on provisional bail upon fulfilling conditions of the earlier order when no release date was specified?
Whether production of the demand draft deposited in the lower court warrants immediate release on provisional bail?
Manoj Kumar
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
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