Allowed

Md Mobin Ahmad v. The State Of Jharkhand

Jharkhand HC27 Sept 2018A.B.A./140/2018

Case brief

AI extract

What is this about?

This single judge order grants anticipatory bail to two petitioners facing arrest in a criminal case involving cheating and criminal conspiracy. The court imposed specific conditions including surrender within four weeks, deposit of money, and furnishing of personal details.

What did the court decide?

Anticipatory bail granted conditioned on surrender within four weeks, deposit of Rs. 10,000, and furnishing of personal details and cooperation during investigation.

Md Mobin Ahmad 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. 140 of 2018

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Md. Mobin Ahmad ….. Petitioner Versus The State of Jharkhand ….. Opp. Party WITH A.B.A. No. 207 of 2018

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Ashok Yadav ….. Petitioner

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Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioners : Md. Sajid Yunus, Advocate. Mr. Aditya Raman, Advocate. For the State : A.P.P.

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04/Dated: 27/09/2018

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Petitioners are apprehending their arrest in connection with Pakur (M) P.S. Case No. 115 of 2017, corresponding to G.R. No. 726 of 2017, registered under Sections 120B, 420, 406, 468 and 201 of the I.P.C.

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Learned counsel for the petitioners submitted that Md. Mobin Ahmad (petitioner in A.B.A. No. 140 of 2018) is Panchayat Sevak and Ashok Yadav (petitioner in A.B.A. No. 207 of 2018) is Panchayat Secretary of Ilami Panchayat.

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It appears that under order dated 26.07.2018, learned counsel for the petitioners was directed to supply the cell numbers of the petitioners to the learned APP and learned APP was directed to supply the same to the I.O. and the I.O. was directed to give 72 hours notice to the petitioners fixing date, time and place and thereafter, petitioners were directed to appear before the I.O. along with documents in support of their contentions. Thereafter the I.O. was directed to record the statements of the petitioners and to produce the up-to-date case diary before this Court.

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Learned APP has produced the up-to-date case diary and has submitted that the statements of the petitioners have been recorded.

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Perused the statements of the petitioners.

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Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty

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thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Pakur, in connection with Pakur (M) P.S. Case No. 115 of 2017, corresponding to G.R. No. 726 of 2017, 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) Before surrender, petitioners shall deposit Rs. 10,000/each in the court below, which shall be subject to the result of the case and will not prejudice the case of the petitioners during trial, thereafter his bail bonds will be accepted by the court below.

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

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(iii) Petitioners are further directed that along with the bail bonds, they will furnish their Cell numbers and xerox copy of AADHAR Cards in the court below. (iv) It shall be open for the I.O. of this case that if he wants to record re-statement of the petitioners, he will file an application through APP in the court below and the court below shall release the Cell Numbers of the petitioners to the I.O., thereafter the I.O. will give 72 hours' notice to the petitioners fixing date, time and place and thereafter, petitioners will appear and get their statement recorded. If petitioners fail to do so, then the I.O. will be at liberty to file application through APP for cancellation of bail bonds of the petitioners.

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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 Mobin Ahmad v. The State Of Jharkhand

Case brief

What is this about?

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Md Mobin Ahmad v. The State Of Jharkhand

Case brief

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What did the court decide?

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