Dismissed
Shashi Prakash v. the State of Jharkhand through the Anti Corruption Burea
Jharkhand HCA.B.A./9170/2021
Case brief
from the order text
What is this about?
COURT OF JHARKHAND AT RANCHI A.B.A. No.9170…
What the court decided
AI extract
COURT OF JHARKHAND AT RANCHI A.B.A. No.9170…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.9170 of 2021
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Shashi Prakash
.... .... …. Petitioner
Versus
The State of Jharkhand through ACB
.... .... ....Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Abhishek Krishna Gupta, Advocate For the State : Mr. Suraj Verma, Spl.P.P
Order No.02 Dated- 22.12.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks from the date of this order.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending his arrest in connection with Chaibasa Vigilance Case No. 65 of 2017 corresponding to Ranchi Vigilance P.S. Case No. 10 of 2015 and Section 13(2) instituted under Sections 406, 409, 419, 420, 120-B of the Indian Penal Code read with Section 13(1) (c) (d) of P.C. Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the petitioner was in bail during the investigation of the case and he is also involved in several other cases and he was released on regular bail in this case. It is submitted that the allegation against the petitioner is false. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Spl. P.P. appearing for the State on the other hand vehemently opposes the prayer for anticipatory bail of the petitioner and submits that admittedly the petitioner was in custody in connection with this case and later on, he was released on regular bail. Hence, the prayer of anticipatory bail of the petitioner is not maintainable.
Considering the aforesaid facts as well as the criminal antecedent of the petitioner, this Court is not inclined to give the anticipatory bail of the petitioner. Accordingly, the prayer for anticipatory bail of the above named petitioner is rejected.
(Anil Kumar Choudhary, J . )
Pappu/
2 issues framed by the court
Whether the petitioner is entitled to the privilege of anticipatory bail in the present affd matter despite being already released on regular bail.
Whether the court can accept the undertaking of the counsel to remove defects to ignore stamp reporter's observations.
Shashi Prakash
The State of Jharkhand through ACB
Anil Kumar Choudhary
As recorded by the court registry
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