High Court of Jharkhand released petitioner on bail in a Section 407 IPC criminal case, noting custody period exceeded two years since February 2016.
Petitioner directed to be released on bail by furnishing Rs. 10,000 bond with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7148 of 2017
Fahim Khan .… Petitioner -VersusThe State of Jharkhand ..... Opposite Party ------- CORAM : HON’BLE MR. JUSTICE H.C.MISHRA ------For the Petitioner : : M/s. Deepak Kumar For the State : : M/s. Ravi Prakash, A.P.P. -------
3/ 16.02.2018. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Telaiya P.S. Case No. 134 of 2014, corresponding to G.R. No. 749 of 2014, for the offence under Section 407 of the Indian Penal Code.
The petitioner is the driver of a trailer, on which, consignment, worth Rs.12,85,359/- was sent, which never reached its destination and the consignment was misappropriated.
The earlier bail applications of the petitioner were rejected on merits,
twice.
Learned counsel for the petitioner has renewed the prayer for bail submitting that the petitioner is in custody since 6.2.2016, i.e., more than two years.
In the facts of this case, and taking into consideration the period of custody of the petitioner, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Fahim Khan, 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 Sub-Divisional Judicial Magistrate, Koderma, in connection with, Telaiya P.S. Case No. 134 of 2014, corresponding to G.R. No. 749 of 2014.
(H.C. Mishra, J.)
D.S./B.S.
2 issues framed by the court
Whether the petitioner entitled to bail after holding in custody for more than two years
Whether to discharge the petitioner on bail on furnishing bond and sureties
1 provisions across 1 enactments
Fahim Khan
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
