Allowed

Shiv Ranjan Prasad v. the State of Jharkhand through C B I

Jharkhand HC18 Jul 2019Cr.M.P./2394/2018

Case brief

AI extract

What is this about?

The High Court set aside the Special Judge's order dated 13.05.2019 issuing a non-bailable warrant. The petition against the warrant was allowed subject to depositing a court fee of Rs. 1,500 into a specified Jail Bank Account.

What did the court decide?

Cr.M.P. No. 1602/2019 allowed; order dated 13.05.2019 set aside; deposit of Rs. 1,500 in specified jail bank account required.

Shiv Ranjan Prasad Vs the State of… — Civil Procedure and Limitation | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1602 of 2019

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Shiv Ranjan Prasad @ Sheo Ranjan Prasad

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Chepo Oraon

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….. Petitioners

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Versus

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The Union of India through CBI ….. Opp. Party With

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Cr.M.P. No. 2394 of 2018

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Shiv Ranjan Prasad

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Chepo Oraon

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Dominique Joseph Minz @ Dominic Joseph Minz

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….. Petitioners

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Versus

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The State of Jharkhand through CBI ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Lukesh Kumar, Advocate. For the UOI : Mr. Rajiv Sinha, ASGI. Mr. Rajiv Nandan Prasad, Advocate.

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03/Dated: 18/07/2019

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In terms of the order dated 10.06.2019, records of A.B.A. No. 1114/2018, Cr.M.P. No. 2394/2018 and A.B.A. No. 3041/2019 has been received.

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Perused the records.

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It appears that petitioners have earlier moved in A.B.A. No. 1114/2018 and during that period, the petitioners had cooperated in investigation and CBI had not taken any coercive step against these petitioners and accordingly, the petitioners had no apprehension of their arrest, so under order dated 09.08.2018, the anticipatory bail application was dismissed and petitioners were directed to renew their prayer for bail after submission of charge-sheet.

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Learned counsel for the petitioners submitted that now the charge-sheet has been submitted.

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Let the records of A.B.A. No. 1114/2018, Cr.M.P. No. 2394/2018 and A.B.A. No. 3041/2019 be restored to their original sections.

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The instant criminal miscellaneous petition has been filed on behalf of the two petitioners being aggrieved and dissatisfied with the order dated 13.05.2019 passed by Sri A.K. Mishra No. 1, Special Judge, CBI, Ranchi, whereby petitioners are accused in R.C. 01 (A) / 2018-R dated 10.01.2018 registered under Sections 120B read with 409 of I.P.C. and under Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act and under the impugned order dated 13.05.2019, the learned

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-2-

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Special Judge has issued non-bailable warrant of arrest against the petitioners, but subsequently, on the same date, he also directed to issue process under Section 82 of the Cr.P.C. against the petitioners.

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I am of the view that the order dated 13.05.2019 passed by learned Special Judge is unsustainable. So, the order dated 13.05.2019 is set aside.

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Cr.M.P. No. 1602/2019 stands allowed, subject to the deposition of cost of Rs. 1,500/- before the Bandi Kalyan Kosh, Birsa Munda Central Jail, Hotwar, Ranchi being A/C No. 490710210000007, Bank of India, Branch-Booty More, Customer ID-103610460, IFSC Code No. BKID0004907 and to file the receipt of the aforesaid deposition in the case .

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Cr.M.P. No. 2394 of 2018

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Learned counsel for the petitioners seeks permission to withdraw this criminal miscellaneous petition.

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Permission accorded.

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Accordingly, Cr.M.P. No. 2394 of 2018 is dismissed as not pressed.

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(Anant Bijay Singh, J.)

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Sunil/

Shiv Ranjan Prasad v. the State of Jharkhand through C B I

Case brief

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Shiv Ranjan Prasad v. the State of Jharkhand through C B I

Case brief

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