Partly allowed

MD Anwar v. the State of Jharkhand

Jharkhand HC8 Feb 2019A.B.A./5596/2018

Case brief

AI extract

What is this about?

High Court at Ranchi granted bail to selected petitioners facing charges under various IPC sections for a case involving outraging modesty and grievous hurt, considering their prior litigation with the victim despite criminal antecedents.

What did the court decide?

Order released four petitioners on bail upon surrender/arrest within four weeks, subject to furnishing bail bonds of Rs. 10,000/- each with two sureties.

MD Anwar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 5596 of 2018

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Md. Anwar, Aged about 49 years

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Md. Sarwar, aged about 38 years Both sons of Md. Qurban,

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Md. Qurban @ Md. Kurban, aged about 65 years

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Md. Eqbal, aged about 47 years, Both sons of Late Sk. Santok,

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Md. Ali, aged about 70 years, S/o Md. Junab Ali,

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Md. Rabbani @ Raja aged about 23 years Son of Md. Asif,

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All are residents of Kachnar Toli, P.O. and P.S. Jagarnathpur, District- Ranchi

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…… Petitioners

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Versus

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The State of Jharkhand ……Opposite Party ----CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Petitioners : Mr. Nilesh Kumar, Advocate For the State : Mr. Moti Gope, A.P.P For the informant : Mr. Ajay Kr. Sinha, Advocate

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05/Dated: 08/02/2019

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Heard learned counsel for the petitioners Mr. Nilesh Kumar and learned counsel for the State Mr. Moti Gope, Additional Public Prosecutor assisted by learned counsel for the informant, Mr. Ajay Kumar Sinha.

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At the outset, learned counsel for the petitioners has submitted that the petitioner no. 1 Md. Anwar and petitioner no.2 Md. Sarwar have criminal antecedent, as such he is not pressing anticipatory bail application on behalf of them. Learned counsel for the petitioners has pressed the instant application on behalf of remaining four petitioners namely Md. Qurban @ Md. Kurban, Md. Eqbal, Md. Ali and Md. Rabbani @ Raja and has prayed for grant of anticipatory bail in connection with Jagarnathpur P.S. Case No. 245 of 2018, corresponding to G.R. No. 3053 of 2018 for the offence under Sections 147, 323, 341, 354B, 379/325 of the Indian Penal Code.

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Learned counsel for the petitioners has submitted that though Md. Qurban @ Md. Kurban has criminal antecedent but it has brought on record by way of supplementary affidavit that Md. Qurban @ Md. Kurban is admitted at Raj Hospital, Ranchi since 06.01.2019, suffering from brain haemorrhage as such his case may be considered on special circumstances. Learned counsel for the petitioners has further submitted that parties are agnates and they are in litigating terms since 2015. Learned counsel for the petitioners has submitted that

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considering the litigation pending between the parties, petitioners may be enlarged on anticipatory bail.

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Learned counsel for the State Mr. Moti Gope assisted by learned counsel for the informant, Mr. Ajay Kumar Sinha has vehemently argued the case and stated that these petitioners have played active role in outraging the modesty of the victim. Learned counsel for the informant has submitted that they do not deserve the privilege of anticipatory bail.

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Considering the submissions made by the learned counsel for the parties that parties are in litigating terms since 2015, petitioners are directed to be released on bail in the event of their surrender/arrest within four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Ranchi, in connection with Jagarnathpur P.S. Case No. 245 of 2018, corresponding to G.R. No. 3053 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Kailash Prasad Deo, J.)

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R.S./

MD Anwar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Anwar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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