The High Court granted anticipatory bail to the petitioner in an IPC 420 and Essential Commodities Act case, directing his surrender and furnishing of a bail bond with sureties.
Directed surrender; enlarged on bail with bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No.1786 of 2016
Sitaram Prasad Gupta …… Petitioner Versus The State of Jharkhand …… Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------For the Petitioner : Mr. A.K.Chaturvedy, Advocate For the State : Mrs. Sadhna Kumar, A.P.P
05/Dated: 12/08/2016
Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Panki P.S. Case No. 105 of 2015, corresponding to G.R. No. 1713 of 2015 for the offence registered under Section 420 of the Indian Penal Code and under Section 7 of the Essential Commodities Act.
Learned counsel for the petitioner has submitted that from perusal of F.I.R. it does not appear that which control order has been violated by the petitioner. Nothing incriminating article has been recovered from the possession of the petitioner.
Learned A.P.P opposed the prayer for anticipatory bail and filed counter affidavit. Referring to para 5 of the counter-affidavit, learned A.P.P has submitted that vide para 5 & 6 of the case diary, seizure list witnesses have supported the case of prosecution. Learned A.P.P also produced the copy of order issued by the Director, Social Welfare Department. It is further submitted that in view of letter no. 931 dated 01.07.2014, order has been violated and as such the petitioner is not entitled for privilege of anticipatory bail.
In the facts and circumstances of the case, the above named petitioner is directed to surrender in the Court below within two weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Palamau in connection with Panki P.S. Case No. 105 of 2015, corresponding to G.R. No. 1713 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Anant Bijay Singh, J.)
Satyarthi/-
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the alleged violation of a control order.
1 provisions across 1 enactments
Sitaram Prasad Gupta
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
