This order modified bail conditions allowing the petitioner's wife to act as the deponent in lieu of the refused bailor Birendra Kumar, facilitating enlargement on bail.
Condition no.(i) of the bail order dated 15.09.2020 is modified to allow the petitioner's wife as the deponent; other conditions remain intact.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)
Cr.M.P. No. 1728 of 2021
Ganesh Bhuiya
….. Petitioner
Versus The State of Jharkhand ….. Opposite Party
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)
For the Petitioner : Mr. Pran Pranay, Advocate. For the Opposite Party : Mr. P. D. Agrawal, Spl.P.P. ---------
02/Dated: 03/09/2021
Heard, learned counsel for the petitioner, Mr. Pran Pranay and learned counsel for the State, Mr. P. D. Agrawal, Spl.P.P.
The petitioner has filed this petition for modification of the condition (i) i.e. One of the bailors shall be the deponent / pairvikar of the present case namely, Birendra Kumar, passed by this Court, while granting bail to the petitioner in terms of order dated 15.09.2020 passed in B.A. No.3487/2020.
Learned counsel for the petitioner has submitted that the said deponent Birendra Kumar has refused to stand as a bailor and as such, modification petition has been filed by the wife of the petitioner namely, Lalita Devi. Accordingly, condition no.(i) may be modified so that petitioner may be enlarged on bail as even after grant of bail to the petitioner on 15.09.2020, he remained in custody for approximately one year because of non-fulfillment of condition no.(i) of the bail order.
Learned counsel for the State, Mr. P. D. Agrawal, Spl.P.P. has opposed the prayer and has submitted that such conditions are necessary as 47 % criminal cases are pending in the country because accused persons are absconders, as such, such conditions are important.
Considering the rival submissions of the parties, looking into the facts and circumstances, that petitioner could not fulfill the condition no.(i) of the bail, as such, it would be in the interest of justice that condition no.(i) of order dated 15.09.2020 passed in B.A. No. 3487/2020 shall be modified by substituting one of the bailors shall be wife of the petitioner and her photocopy of UID Card,
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which has been enclosed with this modification petition, shall be sent to the court below.
Accordingly, the instant Cr.M.P. is allowed and other conditions of order dated 15.09.2020 passed in B.A. No. No.3487/2020 shall remain intact.
Let the order be communicated to the court below.
(Kailash Prasad Deo, J.)
Jay/-
1 issue framed by the court
Whether condition (i) of the bail order dated 15.09.2020 requiring Birendra Kumar as a bailor be modified given his refusal to stand as a surety.
Ganesh Bhuiya
The State of Jharkhand
Kailash Prasad Deo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
