Allowed

Mohammad Shamim v. the State of Jharkhand

Jharkhand HC10 Jan 2019A.B.A./2587/2018

Case brief

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What is this about?

The High Court granted anticipatory bail to the petitioner in case no. 233 of 2017 involving sections about domestic violence and offence by husband. The bail was subject to deposit of victim compensation and a bond.

What did the court decide?

Anticipatory bail granted subject to deposit of Rs. 1,50,000 as interim victim compensation and submission of bail bond with two sureties.

Mohammad Shamim Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2587 of 2018

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Mohammad Shamim … Petitioner Versus

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1. The State of Jharkhand 2. Tabsum Aara … Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. S. Narjaria, Advocate For the State : Addl. P.P. For the Opp. Party No.2 : Mr. D. Krishna, Advocate ------

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Order No.07 Dated- 10.01.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Garhwa P.S. Case No.233 of 2017 (G.R. No. 1205 of 2017) registered under sections 323/498A/406/504/506/34 of the Indian Penal Code.

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

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The Learned counsel for the petitioner submits that there has been a maintenance proceeding between the parties and the petitioner has paid the outstanding dues in respect of the maintenance. It is further submitted that the allegation against the petitioner are all false and the allegation is general and omnibus in nature. It is next submitted that the petitioner is ready and willing to pay Rs. 1,50,000/- as ad interim victim compensation to the opposite party no.2 without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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

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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 petitioner be given the privilege of anticipatory bail.

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Hence, in the event of his arrest or surrender within a period of three months from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 1,50,000/- as ad interim victim compensation in favour of opposite party no.2-Tabsum Aara and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Garhwa, in connection with Garhwa P.S. Case No.233 of 2017 (G.R. No. 1205 of 2017) subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the opposite party no.2- Tabsum Aara and hand over the said demand draft to her, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Mohammad Shamim v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mohammad Shamim v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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