Allowed a modification to bail conditions allowing a relative instead of the father to act as bailer, contingent on a specific deposit to the Advocates' Clerk Association.
The bail condition was modified to require a relative instead of the father; petitioner must deposit Rs. 1,500 with the Advocates' Clerk Association.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3780 of 2019
Suraj Kumar
Suraj Kumar ….. Petitioner Versus The State of Jharkhand ….. Opp. Party
--------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
--------- For the Petitioner : Mr. Sahil, Advocate. For the State : A.P.P.
03/Dated: 06/12/2019
This application has been filed for modification of order dated 18.10.2019 passed in B.A. No. 8009 of 2019.
It appears that under order dated 18.10.2019 passed in B.A. No. 8009 of 2019, petitioner was admitted on bail on certain conditions and one of the conditions is that “one of the bailers must be father of the petitioner”.
It is submitted that father of the petitioner is not living with this petitioner and his mother, so he could not stood bailer. So the condition may be modified.
In view of the submission, the order dated 18.10.2019 passed in B.A. No. 8009 of 2019 is modified to the extent that in place of “one of the bailers must be father of the petitioner”, it be read as “one of the bailers shall be relative of the petitioner”, subject to the condition that petitioner shall deposit Rs. 1,500/- (One Thousand Five Hundred) before President / Secretary, Jharkhand High Court Advocates' Clerk Association latest by 17.12.2019 and shall file the receipt in the court below on the date of furnishing bail bonds.
Rest part of the order dated 18.10.2019 passed in B.A. No. 8009 of 2019 shall remain intact.
Cr.M.P. No. 3780 of 2019 stands allowed.
Let a copy of this order be communicated to the court below and also to the President / Secretary, Jharkhand High Court Advocates' Clerk Association.
(Anant Bijay Singh, J.)
Sunil/
2 issues framed by the court
Whether the condition requiring a father as bailer can be modified to a relative given the father's unavailability.
Whether the petitioner must deposit an additional amount as part of the modified bail conditions.
Suraj Kumar
The State of Jharkhand
ANANT BIJAY SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
