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MD Samim Alias MD Samim Qureshi v. the State of Jharkhand

Jharkhand HC18 Mar 2021A.B.A./895/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving offenses under sections 147, 341, 323, 504, 506, and 353 of the IPC, allowing release on surrender with payment of victim compensation and furnishing of bail bonds.

What did the court decide?

Petitioner to be released on bail on deposit of Rs. 10,000/- as victim compensation and furnishing a bail bond of Rs. 25,000/- with two sureties, subject to cooperation with investigation.

MD Samim Alias MD Samim Qureshi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 895 of 2021

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Md. Samim @ Md. Samim Qureshi … Petitioner Versus

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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 Petitioner : Mr. Sujit Kr. Singh, Advocate For the State : Mr. A.K. Dey, Addl. P.P.

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Order No.02 Dated- 18.03.2021

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Heard the parties through video conferencing.

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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.

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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.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Nagar P.S. Case No.09 of 2016 registered under sections 147/341/323/ 504/506/353 of the Indian Penal Code.

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The Learned counsel for the petitioner submits that the allegation is that police seized one truck loaded with bovine animals and took the same to gausala but the petitioner forcibly took the informant who is a police constable to his locality but as the Officer-in-Charge with other police force arrived there, the petitioner and others pelted stones on them. It is further submitted that the allegations against the petitioner are all false and the petitioner is not named in the FIR but during course of investigation, the petitioner has been implicated in this case. It is then submitted that the petitioner is ready and willing to pay Rs. 10,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 10,000/- as ad interim victim compensation in favour of informant and 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 C.J.M., Giridih, in connection with Nagar P.S. Case No.09 of 2016 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to him, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

MD Samim Alias MD Samim Qureshi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Samim Alias MD Samim Qureshi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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