Allowed

Maulvi Baitulla Alias MD Baitulla Alias Baitulla v. the State of Jharkhand

Jharkhand HC19 Mar 2021A.B.A./829/2021

Case brief

AI extract

What is this about?

This single-judge order of the Jharkhand High Court grants anticipatory bail to petitioners facing charges of unlawful assembly, theft, and assault. The court condoned defects in the petition due to a personal undertaking by counsel to rectify them. Bail is conditioned on surrender, depositing interim victim compensation, and furnishing sureties under CrPC Section 438.

What did the court decide?

Anticipatory bail granted on conditions of surrender, depositing Rs.10,000 interim compensation, posting a bond of Rs.25,000 with sureties, and cooperating with investigation.

Maulvi Baitulla Alias MD Baitulla Alias Baitulla Vs the… — Contempt of Court | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.829 of 2021

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Maulvi Baitulla @ Md. Baitulla @ Baitulla

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Salahuddin @ Salahuddin Ahmad

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The State of Jharkhand .... .... ....Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Shadab Bin Haque, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P ------

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Order No.02 Dated- 19.03.2021

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Heard the parties through video conferencing.

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Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending their arrest in connection with Daily Market P.S. Case No. 24 of 2018 instituted under Sections 147, 148, 149, 341, 323, 333, 353, 379, 427, 504 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were the member of the unlawful assembly and being armed with deadly weapons used criminal force against the informant police personnel and committed theft and damaged his motorcycle. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioners are not named in the F.I.R. and they were rescuing the informant from the co-accused persons and they are old persons. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.10,000/- each without prejudice to their defence in this case in favour of the informant subject to final decision of this case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned JMFC, Ranchi within six weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on depositing a demand draft of Rs.10,000/- each drawn in favour of the informant as ad interim victim compensation without prejudice to their defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned JMFC, Ranchi in connection with Daily Market P.S. Case No. 24 of 2018 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Card with an undertaking that they will not change his mobile numbers during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioners deposit the said demand draft, the court below is directed to issue notice to the informant and on his proper identification, the court below shall handover the Demand Draft to him forthwith.

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In case the petitioners deposit Rs.10,000/-, each learned court below will pass an appropriate order regarding disbursal of the same at the time of conclusion of trial.

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(Anil Kumar Choudhary, J . )

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Pappu/

Maulvi Baitulla Alias MD Baitulla Alias Baitulla v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Maulvi Baitulla Alias MD Baitulla Alias Baitulla v. the State of Jharkhand

Case brief

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What did the court decide?

What the court decided

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