Single Judge High Court RK ordered anticipatory bail for petitioner in an FIR for cheating and forgery, directing surrender within six weeks and specific conditions regarding cooperation with investigation.
Petitioner directed to surrender within six weeks; bail granted on conditional bond of Rs. 25,000/- + 2 sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5604 of 2019
Md. Shamshad Hussain …… Petitioner
Versus
The State of Jharkhand …… Opposite Party
----CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
----- For the Petitioner : Mr.Sunil Kumar, Advocate For the State : A.P.P -----
06/Dated: 13/12/2019
The petitioner is apprehending his arrest in connection with Gawan P.S. Case No. 77/2016, corresponding to G.R. No. 2680/2016, the case registered under Sections 419,420,468,471,409 of the Indian Penal Code.
Heard learned counsel for the parties.
It appears that earlier petitioner has filed ABA No.4979/2018 and vide order dated 04.01.2019, petitioner was directed to remove the defects as pointed by the office, failing which this application shall stand rejected without further reference to a Bench.
Office note date 26.02.2019 reveals that since petitioner could not remove the defects within the stipulated period, so the anticipatory bail application of the petitioner was rejected on 11.01.2019. Hence, this is the second anticipatory bail application.
Learned counsel for the petitioner has submitted that co-accused namely, Manohar Lal Yadav has been granted anticipatory bail on 10.04.2019 in ABA No.964/2019 and co-accused, namely, Mukesh Kumar has been granted anticipatory bail on 15.03.2019 in ABA No.1252/2019 by a co-ordinate Bench of this Court. Hence, petitioner deserves bail.
Learned A.P.P opposed the prayer for bail.
Keeping in view the arguments advanced by the learned counsel for the parties and also considering the fact and circumstances of the case, the petitioner is directed to surrender in the Court below within Six Weeks from the date of this order and in the event of his arrest or surrender, the Court below shall enlarge the above named, petitioner, on bail, on furnishing bail bond of Rs. 25,000/- (Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of ACJM, Giridih, in connection with Gawan P.S. Case No. 77, corresponding to G.R. No. 2680/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and subject to the conditions as follows :
1. Petitioner shall also give an undertaking by filing an affidavit through their pairavikar that they will co-operate in the investigation.
2. Petitioner is directed to deposit his Cell Number and the Xerox copy of Aadhar Card in the court below, and if I.O. wants to record the statement of the petitioners, he will file application in the court below through APP for release of the Cell Number and Xerox copy of Aadhar Card of the petitioner and after getting the same, he will give 72 hours' notice to the petitioner fixing date, time and place and, thereafter, petitioner will appear before him and get their statement be recorded.
4. If petitioner fails to do so, it will be open for the I.O. to file an application before this court through the Addl.P.P. for cancellation of bail bonds of the petitioner.
Let a copy of this order be communicated to the court below through FAX and also handed over to learned APP for transmission of the same to the I.O of this case.
( Anant Bijay Singh, J.)
Raman /
2 issues framed by the court
Whether the petitioner deserves to be granted anticipatory bail in connection with the FIR under Sections 419, 420, 468, 471, and 409 IPC?
Whether the petitioner satisfies the conditions for grant of bail despite previous defective application?
1 provisions across 1 enactments
Md. Shamshad Hussain
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
