Criminal appeal dismissed as withdrawn. Appellant directed to surrender before the lower court within fifteen days and may pray for regular bail on the same day. Withdrawal observed not to prejudice regular bail consideration.
Appeal dismissed as withdrawn; appellant directed to surrender within 15 days and may seek regular bail on the same day.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 991 of 2019
Pintu Mishra … … Appellant Versus 1. The State of Jharkhand … 2. Dhananjay Paswan … Opp. Parties
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Appellant : Mr. Ram Chandra Prasad Sah, Advocate For the State : Mr. Suchendra Prasad, Advocate For the O.P. No. 2 : Mr. Ravindra Nath, Advocate ---
05 /10.12.2019 Heard Mr. Ram Chandra Prasad Sah, counsel appearing on behalf of the appellant.
2. Counsel for the opposite party no. 2 is also present.
3. This appeal has been filed against the order passed in A.B.P. No. 242/2019 passed by learned Additional Session Judge-I, Seraikella in connection with R.I.T. P.S. Case No. 93/2018, under sections 3(i)(v)(s) of S.C/S.T. Prevention of Atrocities Act, 1989, against appellant as he apprehended his arrest, named in F.I.R., the case is now said to be pending in the court of learned Additional Sessions Jduge-I, Seraikella.
4. Counsel for the appellant, at the outset, seeks permission to withdraw this petition with a view to surrender before the learned court below. He submits that his client is also present in the Court.
5. Counsel for the appellant further submits that the withdrawal of this case may not prejudice the case of the appellant before the learned court below at the stage of consideration of regular bail. He also submits that some observation may be given regarding consideration of regular bail on the same day, if any such prayer is made before the learned court below.
6. Counsel for the opposite party no. 2 has no objection to the prayer made by the counsel for the appellant.
2
7. This criminal appeal is hereby dismissed as withdrawn.
8. The appellant is directed to surrender before the learned court below within a period of fifteen days from today and he may pray for regular bail along with a prayer for disposal of the regular bail on the very same day. It is observed that if any such prayer is made before the learned court below, it shall be considered in accordance with law without being prejudiced by the withdrawal of the present criminal appeal.
9. 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 the appellant crs appeal should be dismissed on withdrawal and direction given for surrender to the learned court below.
Pintu Mishra
The State of Jharkhand
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
