The Court granted regular bail to the petitioner in a theft case under Section 379 IPC. The defects noted by the stamp reporter were ignored as the counsel undertook their rectification post-lockdown.
Petitioner released on bail with a bond of Rs. 25,000 and two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7507 of 2020
Amit Kumar Chakrawarti @ Amit Kumar Chakrawarty
… Petitioner
Versus
The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Sourav Kumar, Advocate For the State : Mrs. Nehala Sharmin, Addl. P.P.
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Order No.02 Dated- 03.10.2020
Heard the parties through video conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of privilege of regular bail in connection with Gola P.S. Case No.35 of 2020 registered under section 379 of the Indian Penal Code.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has stolen the motorcycle of the informant which was recovered from the house of the petitioner. It is further submitted that the allegation against the petitioner are all false. It is next submitted that the petitioner has been in custody since 23.03.2020 as has been mentioned in paragraph no. 12 of the bail application. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Ramgarh, in connection with Gola P.S. Case No.35 of 2020.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
2 issues framed by the court
Whether the petitioner should be granted bail in police custody under Section 379 IPC.
Whether the defects in the bail application should be ignored following the petitioner’s assurance.
1 provisions across 1 enactments
Amit Kumar Chakrawarti @ Amit Kumar Chakrawarty
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
