The Court allowed the bail application, making provisional bail absolute. It inferred that undisclosed documents were in the petitioner's favor due to the officer's failure to verify them and file an affidavit despite repeated opportunities.
The provisional bail granted vide order dated 20.09.2017 is hereby made absolute.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4445 of 2017
Manoj Mandal ….. Petitioner
-V e r s u s- The State of Jharkhand ….. Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
….. For the Petitioner : Mr. Kaushal Kishor Mishra, Advocate For the State : A.P.P
10/7.02.2018 An order dated 16.08.2017 was passed directing the Investigating Officer to verify the genuineness of the documents which was submitted by the petitioner while obtaining the SIM cards and file an affidavit. On 20.09.2017 when the said affidavit was not filed, awaiting the affidavit, the petitioner was released on provisional bail by a Coordinate Bench of this Court. On 15.01.2018 again the matter was listed but affidavit was not been filed.
Learned Addl. P.P. submits that he has communicated the order through Fax as well as through Nodal Officer to the concerned officer on the several occasions by no action has been taken.
Since the affidavit has not been filed in spite of giving several opportunities, it can safely be presumed that the documents are in favour of the petitioner. Just because of non-filing of the affidavit, I allow this application. The provisional bail granted vide order dated 20.09.2017 in connection with Karmatanr, P.S. Case No. 81 of 2017, corresponding to G.R. No. 306 of 2017, is hereby made absolute.
Let a copy of this order be faxed to the Court concerned and D.G.P, Jharkhand, Ranchi.
(Ananda Sen, J.)
Amar/cp3
1 issue framed by the court
Whether to make provisional bail absolute despite non-filing of the required affidavit.
Manoj Mandal
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
