Allowed

Mahboob Alam Alias Md Mahboob Ali Alias Mahboob v. The State Of Jharkhand

Jharkhand HC7 Jan 2019A.B.A./3355/2017

Case brief

AI extract

What is this about?

A single-judge bench granted anticipatory bail to the petitioner in a case involving offences under the IPC and Arms Act. The court noted discrepancies between the FIR and the process issued, directing surrender and furnishing a bail bond of Rs. 10,000 with sureties.

What did the court decide?

Petitioner granted anticipatory bail directed to surrender within four weeks; release on bail of Rs. 10,000 with two sureties.

Mahboob Alam Alias Md Mahboob Ali Alias Mahboob Vs The… — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No.3355 of 2017

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Mahboob Alam @ Md. Mahboob Ali @ Mahboob

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.... .... …. Petitioner

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Versus

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The State of Jharkhand .... .... ....Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Naiyar Eqbal, Advocate For the State : Addl.P.P.

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Order No.11 Dated- 07.01.2019

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Apprehending his arrest in connection with Katkamsandi (Pelawal) P.S. Case No.184 of 2015 corresponding to G.R. No.4483 of 2015 instituted under Sections 147, 148, 149, 307, 323, 324, 325, 353, 337, 435, 427, 295A of the Indian Penal Code and Section 27 of Arms Act, 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 submitted that the petitioner is not named in the F.I.R. and the name of one Mahboob of village Pelawel which is a different from the village Pabra of the petitioner has been mentioned in the F.I.R. still the process under Section 82 Cr.P.C. has been issued against the petitioner showing he is a resident of village Pabra though there is no mention of any person namely Mahboob Alam @ Mahboob Ali of village Pabra in the F.I.R. It is further submitted that though vide order dated 14.12.2017 a coordinate Bench of this Court directed the Addl. P. P. appearing for the State to file the counter-affidavit but till today even after more than a year, no counteraffidavit has been filed. So, the contention of the petitioner stands vacated. It is further submitted that process under Section 82 Cr.P.C. issued against the petitioner has been quashed by a co-ordinate Bench of this Court vide order dated 24.11.2016. 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 petitioner but could not furnish any explanation as to why the State has not filed the counter-affidavit for a period of more than one year.

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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 Chief Judicial Magistrate, Hazaribagh within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hazaribagh in connection with Katkamsandi (Pelawal) P.S. Case No.184 of 2015 corresponding to G.R. No.4483 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Animesh/

Mahboob Alam Alias Md Mahboob Ali Alias Mahboob v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Mahboob Alam Alias Md Mahboob Ali Alias Mahboob v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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