In a bail application, the learned bench allowed the bail application for an accused experiencing custody after defaulting on a conditional anticipatory bail deposit.
Release on bail by furnishing bond of Rs. 10,000/- with two sureties of like amount each.
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B.A. No. 301 of 2018
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ashok Pandit …. …. Petitioner(s).
Versus
The State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----For the Petitioner(s) : Mr. Rohit Agarwal, Advocate For the State : A.P.P.
05/11.05.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 147/148/149/341/323/324/307/379/504 IPC.
Petitioner was granted privilege of anticipatory bail with a condition that he would deposit a sum of Rs. 10,000/- but he could not deposit the same amount as a result of which he was taken into custody on 22.11.2017. It is alleged that there is a case and counter case. The petitioner was assaulted by the informant party for which he was referred to RIMS to get him treated there.
Taking into consideration the period of custody and the fact that petitioner was granted anticipatory bail on merit, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Deoghar in connection with Jasidih Police Station Case No. 45 of 2017 (G.R. No. 181 of 2017).
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether the petitioner who failed to deposit the conditioned bail sum is entitled to be released on bail considering the previous grant of anticipatory bail on merit.
Ashok Pandit
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
