The bench rejected the petitioner's bail prayer, refusing to confirm provisional bail due to long-term misuse and absconding. They directed the petitioner to surrender to the lower court within one week.
Bail prayer rejected; direction to surrender to learned Additional Sessions Judge-I, Gumla within one week.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3665 of 2019
Jai Masih Kerketta @ J.M. Kerketta .... Petitioner Versus The State of Jharkhand & another … Opposite Parties --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : A.P.P. For the O.P. No. 2 : --- Order No. 03 Dated 11th September, 2019
Notice upon the opposite party No. 2 is validly served.
Heard Mr. Nilesh Kumar, learned counsel appearing for the petitioner and learned APP appearing for the State.
Petitioner is an accused in connection with S.T. No. 54 of 2019 arising out of Complaint Case No. 66 of 1990, pending before the Court of learned Additional Sessions Judge-I, Gumla.
This is a case of misuse of privilege of bail.
The petitioner was granted anticipatory bail on 14.11.1991 and since then he was absconding. He was in custody since 31.01.2019.
It appears that the petitioner was granted provisional bail vide order dated 07.05.2019 passed in this case.
Regard being had to the long period of misuse of bail, I am not inclined to confirm the provisional bail granted to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected at this stage.
However, the petitioner is directed to surrender before the learned court below within a period of one week from today.
(RONGON MUKHOPADHYAY,J.)
MK
2 issues framed by the court
Whether anticipatory bail granted in 1991 and misuse thereof warrants rejection of bailable prayer and direction to surrender.
Whether the petitioner directed to surrender within one week from the date of order
Jai Masih Kerketta
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
