Single judge cancelled anticipatory bail of Rustom Ansari for failing to pay interim maintenance to victim Jailum Khatoon as per court order and absconding service.
Anticipatory bail order dated 10.07.2017 recalled, bail bonds cancelled, and non-bailable warrant directed against O.P. No. 2.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No.330 of 2018 Jailum Khatoon ….. Petitioner
Versus
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner : Mr. Anil Kumar Ganjhu, Advocate. For the State : Mr. Vipul Divya, APP For the O.P.No.2 : None
10/Dated: 19.07.2019
The present Cr.M.P. has been filed under Section 439(2) of the Cr.P.C with a prayer for cancellation of bail of the O.P.No.2, Rustom Ansari @ Md. Rustam Ansari granted to him vide order dated 10.07.2017, passed in A.B.A No.434/17 by this Court.
2. It appears that O.P.No.2, Rustom Ansari @ Md. Rustam Ansari was admitted on anticipatory bail vide order dated 10.07.2017, passed in A.B.A No.434/17 by this Court with a condition that petitioner (herein O.P.No.2) shall pay Rs.3,000/- per month to the O.P.No.2 (herein petitioner) as ad-interim maintenance from April, 2017. Further, the petitioner shall pay the aforesaid adinterim maintenance to the petitioner by 20th day of every month till disposal of the case and if the petitioner fails to deposit the aforesaid ad-interim maintenance for two successive months, it will be open to the O.P.No.2 to file an application before this Court for cancellation of bail granted to the petitioner by this Court.
3. The present Cr.M.P. has been filed on 31.01.2018. Thereafter on 11.05.2018 notice was issued upon O.P.No.2. On 03.08.2018, matter was listed and Office was directed to send an express reminder to the court concerned for sending the service report. Further, on 07.09.2018, service report was received which reveals that notice was validly served upon O.P.No.2 as notice was received by O.P.No.2, but nobody appeared on behalf of the O.P.No.2. Thereafter several adjournments were granted for appearing of O.P.No.2, but he did not appear.
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4. Today, when the case is called out, learned counsel for the petitioner is present, however nobody appeared on behalf of the O.P. No.2.
5. Learned counsel for the petitioner has submitted that in terms of order dated 10.07.2017 in A.B.A No.434/17, O.P.No.2 deposited only Rs.7,000/- in the court below thereafter he furnished the bail bonds which was accepted by the court below, thereafter O.P.No.2 has not deposited any ad-interim maintenance amount in the court below, nor he has paid any ad-interim maintenance amount in the account of petitioner till date.
6. After hearing the learned counsel for the petitioner, and going through the order passed in the anticipatory bail application, I am of the view that the O.P.No.2 has violated the terms and conditions of the bail granted to him vide order dated 10.07.2017, passed in A.B.A No.434/17.
7. In that view of the matter, the order of anticipatory bail earlier granted to O.P.No.2, namey, Rustom Ansari @ Md. Rustam Ansari, under order dated 10.07.2017, passed in A.B.A No.434/17 is hereby recalled and the bail bonds furnished by O.P.No.2 are cancelled.
8. Accordingly, this Cr.M.P. is hereby allowed. The trial court is directed to take all coercive steps
against O.P.No.2, Rustom Ansari @ Md. Rustam Ansari including issuance of non bailable warrant of arrest.
(Anant Bijay Singh, J.)
Fahim/
3 issues framed by the court
Whether bail of Rustom Ansari should be cancelled for violation of terms regarding non-payment of interim maintenance.
Whether the deposit of only Rs.7,000 instead of the stipulated amount constitutes a violation of bail conditions.
Whether a non-bailable warrant should be issued against the accused for violating bail terms.
1 provisions across 1 enactments
Jailum Khatoon
State of Jharkhand
Rustom Ansari @ Md. Rustam Ansari
ANANT BIJAY SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
