The court granted bail to the petitioner, an accused in cases involving cheating and forgery, despite a previous refusal, directing him to furnish a bond and appear as directed.
Directed to be released on bail on furnishing a bond of Rs.20,000/- with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9948 of 2019
Md. Istiyak ..... … Petitioner Versus State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE B.B. MANGALMURTI -----For the Petitioner : Mr. A.K. Sahani, Advocate For the State : Mr. Ravi Prakash, Advocate --------
03/20.11.2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner is accused in connection with Giridih (T) P.S. Case No.14 of 2019 corresponding to G.R. No.256 of 2019 registered for the offence punishable under Sections 420, 466, 468, 471, 472, 474, 120-B/34 of the Indian Penal Code.
It is submitted on behalf of the petitioner that earlier prayer for bail of this petitioner was rejected by this Court vide order dated 18th June, 2019 passed in B.A. No.3667 of 2019. It is further submitted that after framing of charge in this case, four witnesses have been examined so far but they have not supported the prosecution version.
Learned A.P.P. appearing on behalf of the State opposed the prayer for bail and submitted that earlier prayer for bail of this petitioner was rejected but conceded that as per impugned order out of six prosecution witnesses cited in the charge-sheet, four witnesses have already been examined in this case and only informant and Investigating Officer who are police officers are yet to be examined in this case.
Considering the above submissions of the parties, it appears that during trial out of six prosecution witnesses, four witnesses have already been examined and certified copy of the depositions of the witnesses were placed by the learned counsel for the petitioner at the time of argument. Also considering the period of detention since 20th January, 2019 petitioner- Md. Istiyak is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court of Chief Judicial Magistrate, Giridih in connection with Giridih (T) P.S. Case No.14 of 2019 corresponding to G.R. No.256 of 2019 subject to condition that the petitioner shall appear before the court below as and when directed.
(B.B. Mangalmurti, J.)
Rohit
2 issues framed by the court
Whether the petitioner is entitled to bail after partial prosecution evidence in a cheating and forgery case.
Whether the period of detention should be adjusted pending final bail sanction.
Md. Istiyak
State of Jharkhand
B.B. Mangalmurti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
