Partly allowed

Jamila Khatoon And Ors. v. The State Of Jharkhand

Jharkhand HC13 Sept 2017Cr.M.P./2510/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand extended the surrender period for three petitioners after granting anticipatory bail. The previous order extending the time was rejected, but this court set it aside and allowed more time considering reasons like heavy rain.

What did the court decide?

The order dated 17.08.2017 setting aside previous extension is set aside. Surrender period extended till 27.09.2017.

Jamila Khatoon And Ors. Vs The State Of Jharkhand — Anticipatory Bail | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. M. P. No. 2510 of 2017

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1.Jamila Khatoon W/o Immamuddin Ansari 2.Sobra Khatoon W/o Gulam Mustafa and 3.Mostt. Kaushalya Devi W/o Late Jainath Mahto all residents of villagse Darikalan, PO & PS Barkagoan, District Hazaribagh … … Petitioners

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Versus

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The State of Jharkhand … … Opposite Party

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioners : Mr. Ashok Kumar Singh, Advocate For the Opposite Party : Mr. Shekhar Sinha, A.P.P.

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2/13.09.2017 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State.

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In this application the petitioners have prayed for quashing of the order dated 17.08.2017 passed by the learned Sessions Judge, Hazaribagh in Cr. Misc. Case No. 15 of 2017 whereby and whereunder the application preferred for modification of order dated 19.07.2017 passed in A.B.P. No. 651 of 2017 in connection with Barkagaon P. S. Case No. 226 of 2016 for extending the period of surrender has been rejected.

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It appears that the petitioners have been granted anticipatory bail by the learned Sessions Judge, Hazaribagh in A.B.P. No. 651 of 2017 with a direction to the petitioner to surrender within a period of 15 days. Since the petitioner could not surrender within the time specified by the learned Sessions Judge, Hazaribagh, an application was preferred by the petitioner for extending the time for surrender explaining therein that on account of heavy rain from 25.07.2017 to 02.08.2017 and on account of some miscommunication, the petitioners could not surrender within the period as has been given by the learned Sessions Judge. However, while deciding the application, the plea of the petitioners was not accepted and the prayer for modification in the order dated 19.07.2017 in A.B.P. No. 651 of 2017 was rejected.

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It appears that the petitioners were granted 15 days time for surrender on 19.07.2017. The petitioners immediately on expiry of 15 days had filed an application for modification of the order stating

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plausible reasons for their not being able to surrender within a time of 15 days. The learned court below has not properly appreciated the reasons which has been assigned by the petitioner and has taken a very stringent view in refusing to extend the period of surrender.

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In such circumstances, therefore while setting aside the impugned order dated 17.08.2017 passed by the learned Sessions Judge, Hazaribagh in Cr. Misc. Case No. 15 of 2017, the period for surrender of the petitioners in view of the anticipatory bail granted on 19.07.2017 in A.B.P. No. 651 of 2017 is extended till 27.09.2017.

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This application stands disposed of with the aforesaid observations.

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Let a copy of this order be sent through FAX at the cost of the petitioners.

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(Rongon Mukhopadhyay, J)

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R. Shekhar Cp 3

Jamila Khatoon And Ors. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Jamila Khatoon And Ors. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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