The High Court of Jharkhand dismissed the criminal appeal as withdrawn. The appellant was directed to surrender within two weeks and permitted to seek regular bail from the lower court without prejudice.
The criminal appeal was dismissed as withdrawn; appellant directed to surrender within two weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 448 of 2019
… … Sahbiyar Khan Appellant Versus 1. The State of Jharkhand 2. Dhania Oraon … … Opp. Parties
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Appellant : Mr. Ranjan Kumar, Advocate For the O.P. No. 2 : Mr. Arun Kumar, Advocate For the State : A.P.P. ---
06 /28.11.2019 This criminal appeal is filed against the order dated 13.09.2018 passed in A.B.P. No. 142/2018 by the learned court of Additional District & Sessions Judge-1st -cum Special Judge, Gumla whereby and whereunder the anticipatory bail filed by the appellant in connection with Gumla (SC/ST) P.S. Case No. 10/2018 corresponding to G.R. No. 522/2018 arising out of Complaint Case No. 87/2018 registered for the offence under Sections 376/450/323/331/387/389 of I.P.C. & Section 3(1)(w)(i)(ii) of SC/ST Prevention of Atrocities Act, has been rejected and the said case is now said to be pending in the court of learned Additional District & Sessions Judge-1st cum Special Judge, Gumla.
2. Counsel for the appellant, upon instructions from his client, seeks permission to withdraw this petition so as to surrender before the learned court below and pray for regular bail. He further submits that considering the fact that the appellant has already deposited an amount of Rupees One Lakh pursuant to the order dated 04.09.2019 passed by this Court, appropriate order be passed so that if any prayer is made by the appellant before the learned court below for disposal of his prayer for regular bail on the same day, the same may be considered.
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3. Counsel for the appellant also submits that the withdrawal of this case may not prejudice the case of the appellant before the learned court below.
4. Counsel for the State as well as counsel appearing on behalf of the opposite party no. 2 has no serious objection and at the same time, the counsel for the opposite party no. 2 does not dispute that an amount of Rupees One Lakh has been deposited before the learned court below.
5. Accordingly, the present criminal appeal is hereby dismissed as withdrawn.
6. The appellant is directed to surrender before the learned court below within a period of two weeks from today.
7. However, it will be open to the appellant to pray for regular bail before the learned court below and also make a prayer for its disposal on the same day and it is observed that if any such prayer is made, the learned court below shall consider the same in accordance with law, without being prejudiced by the withdrawal of the present case.
8. Let a copy of this order be communicated to the learned court below through ‘FAX’.
(Anubha Rawat Choudhary, J.)
Pankaj
1 issue framed by the court
Whether permission should be granted to the appellant to withdraw the criminal appeal against rejection of anticipatory bail to surrender and seek regular bail.
Sahbiyar Khan
The State of Jharkhand
Dhania Oraon
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
