This court is inclined to grant provisional bail to the petitioner, Mohan Sao, pending marriage of his daughter, conditional upon deposit of Rs. 1 lac security and furnishing of bail bond.
Petitioner released on provisional bail secured by deposit of Rs. 1 lac removable on surrender by 15th March 2016.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1520 of 2016 Mohan Sao ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA
-----For the Petitioner : Mr. Devesh Krishna, Advocate For the State : A.P.P. --------
Prosecution.
There is an alternative prayer in this bail application for grant of provisional bail to the petitioner stating that the marriage of daughter of the petitioner is to be held on 10.3.2016 and Tilak ceremony is to be held on 5.3.2016.
There is direct allegation against the petitioner and other co-accused to have assaulted the deceased by firearm, causing death of the deceased at the spot.
In the facts of this case and taking into consideration the fact that the daughter of the petitioner is to be married, I am inclined to enlarge the petitioner, Mohan Sao, on provisional bail, provided that the petitioner deposits rupees one lac as security. If the petitioner deposits the demand draft of rupees one lac, drawn in favour of Jharkhand State Legal Services Authority, Ranchi (JHALSA), the petitioner shall be released on provisional bail, up to 15th March, 2016, upon furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-V, Garhwa, in connection with S.T. No. 19 of 2014, arising out of Meral P.S. Case No. 109 of 2013 corresponding to G.R. No. 1293 of 2013.
The petitioner shall surrender in the Court below on or before 15th March 2016. If the petitioner fails to surrender on or before 15th March 2016, the demand draft deposited by the petitioner shall stand forfeited and shall be sent to the JHALSA for being deposited in the account of JHALSA, and process shall be issued compelling the surrender / production of the petitioner in the Court below. If the petitioner surrenders on or before 15th March 2016, the demand draft deposited by the petitioner shall be returned back to him.
Let this case be listed on 29th March 2016 for consideration of the regular bail, by which date, the surrender certificate must be filed by the petitioner.
( H. C. Mishra, J.)
R.Kr.
1 issue framed by the court
Whether the petitioner should be granted provisional bail with security deposit in view of his daughter's upcoming wedding.
Mohan Sao
The State of Jharkhand
H. C. MISHRA
As recorded by the court registry
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