Allowed

MD Jasim Khan v. the State of Jharkhand

Jharkhand HC14 May 2019A.B.A./1643/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in connection with an FIR under IPC sections 341, 323, 448, 509/354/34, directing surrender and deposit of compensation while adhering to investigation conditions.

What did the court decide?

Granted anticipatory bail; directed surrender within four weeks; deposit of Rs.2,000 compensation; bail bond of Rs.25,000 with conditions.

MD Jasim Khan Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1643 of 2019

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Md. Jasim Khan .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Firoza Khatoon .... .... ....Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Md. Azam, Advocate For the State : Addl.P.P.

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Order No.04 Dated- 14.05.2019

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Apprehending his arrest in connection with Sisai P.S. Case No.180 of 2018 instituted under Sections 341, 323, 448, 509/354/ 34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.

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Learned counsel appearing for the petitioner submits that the allegations against the petitioner that he outraged the modesty of the informant is false and those allegations are general and omnibus in nature. It is further submitted by learned counsel for the petitioner that there was a scuffle between the parties and in connection with the same occurrence, the co-accused Md. Jasim Khan has also lodged Sisai P.S. Case. No.179 of 2018 and as a counter blast, this false case has been foisted against the petitioner. It is next submitted that co-accused with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 29.03.2019 passed in A.B.A. No.1152 of 2019. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.2,000/- without prejudice to his defence in this case to the victim namelyFiroza Khatoon. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Judicial Magistrate, 1^st Class, Gumla within four weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on

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bail on depositing a demand draft of Rs.2,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the victim namely- Firoza Khatoon and on furnishing bail bond of Rs.25,000/(Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1^st Class, Gumla in connection with Sisai P.S. Case No.180 of 2018 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number

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during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the victim namely- Firoza Khatoon and on her proper identification, the court below shall handover the same to her forthwith.

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(Anil Kumar Choudhary, J . )

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Rajnish/

MD Jasim Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Jasim Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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