The high court modified an anticipatory bail order to correct a clerical error in the forest case number and extended the surrender period from five weeks to four weeks due to a fax defect.
Anticipatory bail order modified to correct forest case number and surrender period extended to four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 785 of 2017
In
A.B.A No.670 of 2017
Versus
The State of Jharkhand .... Opposite Party
CORAM : HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioners : Mr. Sidhartha Roy, Advocate For the State : A. P. P. -----
02/12.04.2017 This application has been filed for modification of order dated 16.02.2017 passed by this Court in A.B.A No.670 of 2017 and also for extension of time to surrender in the court below.
Learned counsel for the petitioners has submitted that the petitioners were granted anticipatory bail vide order dated 16.02.2017 passed in A.B.A. No. 670 of 2017 and they were directed to surrender before the court below within five weeks from the date of that order, but the petitioners got information that the copy of order was sent to Bokaro Civil Court due to defect in the fax machine at Tenughat, accordingly, they reached for furnishing bail bond and they were informed that the same cannot be accepted as in the order granting bail the Forest Case Number was wrongly mentioned as 35/15 instead of 35/12. It is further submitted that the petitioners enquired about the same and came to know that the certified copy of the offence report that was obtained for filing anticipatory bail was bearing wrong Forest Case Number as 35/15 and as such the order was also passed and accordingly, the petitioners applied for a fresh certified copy of the offence report and found that the forest case number was actually 35/12 in stead of 35/15, a xerox copy of the offence report as well as prosecution report has been annexed as Annexure-1 to this application.
In view of the above submission, order dated 16.02.2017 passed in A.B.A. No. 670 of 2017 is modified to the extent that the
Forest Case No. 35/15 be read as Forest Case No. 35 of 2012 and the petitioners are directed to surrender before the court below within four weeks from today.
Cr. M.P. No. 785 of 2017 stands allowed and disposed of. Let a copy of this order be communicated to the court below through FAX.
(Anant Bijay Singh, J.)
RKM
2 issues framed by the court
Whether the anticipatory bail order should be modified due to a clerical error in the forest case number.
Whether the time for surrender be extended due to a defect in fax transmission of the order.
SOMAR MAHTO
BABLU MAHTO
STATE OF JHARKHAND
ANANT BIJAY SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
