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Sumit Chakraborty v. the State of Jharkhand

Jharkhand HC18 Nov 2019A.B.A./2383/2019

Case brief

AI extract

What is this about?

In an anticipatory bail petition, the High Court of Jharkhand granted bail to the petitioners subject to deposit of victim compensation and furnishing of bail bonds with two sureties each, considering a settlement arrived at between parties.

What did the court decide?

Anticipatory bail granted conditional on deposit of Rs. 7,50,000/- as ad interim victim compensation and furnishing of bail bond of Rs. 25,000/- each with two sureties.

Sumit Chakraborty Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2383 of 2019

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Sumit Chakraborty

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Bijay Biswas @ Bijay Kumar Biswas … Petitioners Versus

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The State of Jharkhand 2. Santanu Roy … Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. A.K. Sah, Advocate For the State : Mr. V.K. Gupta, Addl. P.P. For O.P. No.2 : Mr. Anurag Kashyap, Advocate ------

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Order No.12 Dated- 18.11.2019

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with C/1 Case No.2305 of 2017 arising out of Sitaramdera P.S. Case No.60 of 2017 (G.R. No. 1036 of 2017) registered under sections 323/452/420/387 of the Indian Penal Code.

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Heard the parties.

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The Learned counsel for the petitioners submits a settlement has been arrived at between the parties and the petitioners are ready and willing to jointly pay Rs. 7,50,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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Learned counsel for the opposite party no.2 submits that after receipt of Rs.7,50,000/-, the opposite party no.2 or any of legal representatives of his father namely Binod Bhushan Roy @ Binod Bihari Roy will not make any claim against the petitioners.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail

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on jointly depositing a demand draft of Rs. 7,50,000/- as ad interim victim compensation in favour of informant-Santanu Roy and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Jamshepdur, in connection with C/1 Case No.2305 of 2017 arising out of Sitaramdera P.S. Case No.60 of 2017 (G.R. No. 1036 of 2017) subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the informant- Santanu Roy and hand over the said demand draft to him, after proper identification.

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(Anil Kumar Choudhary, J . )

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Gunjan-

Sumit Chakraborty v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sumit Chakraborty v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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