Petitioner sought cancellation of bail granted to Ratan Korah claiming it was based on a non-existent settlement. The single-judge bench found no fault or misrepresentation and dismissed the petition.
Petition for cancellation of bail to Ratan Korah stands dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 2361 of 2015
Mamta Singh
… … ... Petitioner
-V e r s u s -
... ... Opposite Parties.
CORAM: - HON’BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner : Mr. Devesh Krishna, Advocate. For the State : APP
5/08.04.2016 Heard the parties.
This application has been filed for cancellation of bail granted to opposite party no. 2 – Ratan Korah vide order dated 30.06.2015 passed in A.B.A. No. 859 of 2015 on the ground that his bail was considered because some sort of settlement was arrived at between the parties.
It is submitted that accused persons for getting bail, entered into settlement but they did not perform their part of obligation. Under such circumstances, the bail granted to opposite party no. 2 – Ratan Korah may be cancelled.
I have gone through the order dated 30.06.2015 and I do not find that the opposite party no. 2 – Ratan Korah had ever submitted before this Court that he has entered into any settlement with the informant rather settlement was arrived between the main accused and the informant and on that basis main accused was granted bail. Considering aforesaid aspect of the matter, the opposite party no. 2 – Ratan Korah was granted bail.
I do not find any fault or misleading on the part of the opposite party no. 2 – Ratan Korah while granting him bail vide A.B.A. No. 859 of 2015 and I am not satisfied with the grounds taken in this petition for cancellation of bail of opposite party no. 2 – Ratan Korah. Accordingly, this petition stands dismissed.
(D. N. Upadhyay, J.)
RC/
2 issues framed by the court
Whether bail granted to opposite party no. 2 based on a misunderstanding of settlement between main accused and informant can be cancelled due to non-performance.
Whether there was any fault or misrepresentation by Ratan Korah warranting cancellation of bail.
Mamta Singh
The State of Jharkhand
Ratan Korah
D. N. UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
