This court dismissed a petition for anticipatory bail as the petitioner's tractor was found carrying coal without documents. The court allowed a surrender within three weeks to consider a regular bail application without prejudice.
Petition dismissed; petitioner allowed to surrender within three weeks for regular bail consideration.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3917 of 2014
Sunil Choudhry
... ... ... Petitioner
-V e r s u s -
The State of Jharkhand ... ... Opposite Party
CORAM: - HON’BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner : Mr. Sudhanshu Deo, Advocate. For the State: : APP.
5/20.04.2015 Heard the parties.
The petitioner is accused in connection with Giddi P.S. Case No. 22/ 14 [G.R. No. 2039/ 14], pending in the Court of J.M., 1st Class, Hazaribagh.
It reveals from the F.I.R. that tractor belonging to the petitioner has been found carrying coal without paper. When the Police chased, driver of the vehicle fled away leaving the tractor and coal.
It is submitted that petitioner has no knowledge that driver has been carrying coal without paper. Driver has been granted bail by this Court. Counsel appearing for the State has opposed the prayer.
Since tractor belonging to the petitioner has been found carrying coal without paper, I don't feel inclined to give benefits of Section 438 Cr.P.C. to him. Consequently, the petition stands dismissed. However, if the petitioner surrenders before the Court below within a period of three weeks from today and pray for regular bail, his surrender – cum – bail application may be considered on its own merit without being prejudiced with this order and the surrender – cum – bail application may be disposed on the date of surrender itself .
(D. N. Upadhyay, J.)
RC
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner accused of carrying coal without papers.
Whether the petitioner is entitled to surrender and seek regular bail instead of anticipatory bail.
1 provisions across 1 enactments
Sunil Choudhry
The State of Jharkhand
D. N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
