Allowed

MD Azaz v. the State of Jharkhand

Jharkhand HC14 Mar 2018A.B.A./1269/2018

Case brief

AI extract

What is this about?

A single judge of the Jharkhand High Court admitted the petitioner on anticipatory bail, directing surrender within four weeks and imposing conditions regarding sureties, deposit, affidavit, and cooperation with investigation.

What did the court decide?

Petitioner directed to surrender within four weeks; enlarged on bail on furnishing bond of Rs. 15,000 with two sureties subject to specified conditions under Section 438(2) CrPC.

MD Azaz Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1269 of 2018

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Md. Azaz ….. Petitioner Versus The State of Jharkhand ….. Opp. Party

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---------

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Munna Lal Yadav, Advocate. For the State : A.P.P.

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04/Dated: 14/03/2018

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Petitioner is apprehending his arrest in connection with Bashisthanagar P.S. Case No. 07 of 2018, corresponding to G.R. No. 90 of 2018, registered under Sections 4/54 of Jharkhand Mineral Act, Section 3 of Jharkhand Mineral Transit Challan Regulation Act, Section 4 / 21 MMDR Act & Sections 120b, 279, 414, 467, 468, 471, 420 of the Indian Penal Code, lodged on the basis of one written report given by Ajit Kumar, District Mining Officer, Hazaribagh.

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Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case as he is the owner of the alleged trucks.

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Learned APP has opposed the prayer for anticipatory

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bail.

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Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below within four 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. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Chatra, in connection with Bashisthanagar P.S. Case No. 07 of 2018, corresponding to G.R. No. 90 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also on the following conditions:-

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(i) One of the bailers shall be the local resident of Chatra district, solvent person.

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(ii) On the date of furnishing bail bonds, petitioner shall deposit Rs. 15,000/- in the court below, which shall be subject to the result of the case and the said deposition will not prejudice the case of the petitioner during trial.

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-2-

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(iii) Petitioner will give an affidavit through their Parivikar that during course of investigation, he will cooperate in investigation and he will remain physically present in the court below as and when his presence is required.

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(iv) Petitioner is further directed that along with the bail bonds, he will furnish his Cell number and xerox copy of AADHAR Card in the court below.

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(v) It shall be open for the I.O. of this case that if he wants to record further statement of the petitioner, he will file an application through APP in the court below and the court below shall release the Cell Number of the petitioner to the I.O., thereafter the I.O. will give 72 hours' notice to the petitioner fixing date, time and place and, thereafter, petitioner will appear and get his statement recorded. If petitioner fails to do so, then the I.O. will be at liberty to file application through APP for cancellation of bail bonds of the petitioner.

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Let a copy of order be communicated to the court below and also handed over to the learned APP for transmission to the I.O.

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(Anant Bijay Singh, J.)

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Sunil/

MD Azaz v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Azaz v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

Case details

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