Allowed

MD Fajale Karim Alias Jumrati Mian v. the State of Jharkhand

Jharkhand HC11 Nov 2019A.B.A./7783/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner apprehending arrest under various sections of the IPC and other acts for illegal stone excavation. The court directed surrender within four weeks and imposed conditions including depositing ad interim victim compensation.

What did the court decide?

Anticipatory bail granted subject to surrender, deposit of Rs. 30,000 as victim compensation, bail bond with sureties, and specific undertaking to cooperate with investigation.

MD Fajale Karim Alias Jumrati Mian Vs the State of… — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7783 of 2019

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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. V. N. Jha, Advocate For the State : Mr. Ramesh Kumar, A.P.P ------

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Order No.02 Dated- 11.11.2019

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Apprehending his arrest in connection with Manika P.S. Case No.37 of 2019 instituted under Sections 379, 326, 307, 34 of the Indian Penal Code, Section 4/21 of M.M.R.D. Act and Section 3, 4 & 5 of the Explosive Substance 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 A.P.P appearing for the State.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was carrying out illegal excavation of stones by blasting by which the victims Arjun Oraon, Nand Deo Oraon and Yugeshwar Singh sustained injuries. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-12 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.30,000/- i.e. in shape of three demand drafts of Rs.10,000/- each without prejudice to his defence in this case to the victims namely- Arjun Oraon, Nand Deo Oraon and Yugeshwar Singh. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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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, Latehar within four weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail

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on depositing three demand drafts of Rs.10,000/- each as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the victims namely- Arjun Oraon, Nand Deo Oraon and Yugeshwar Singh and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Latehar in connection with Manika P.S. Case No.37 of 2019 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will

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not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner deposits the said demand drafts, the court below is directed to issue notice to the victims namely- Arjun Oraon, Nand Deo Oraon and Yugeshwar Singh and on their proper identification, the court below shall handover the same to them forthwith.

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(Anil Kumar Choudhary, J . )

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Animesh/

MD Fajale Karim Alias Jumrati Mian v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Fajale Karim Alias Jumrati Mian v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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