High Court allowed the petitioner's prayer to extend the time for surrender from four months to six weeks due to financial difficulty, modifying the earlier order.
Petitioner directed to surrender before the court below within six weeks from the date of the order.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 146 of 2022
Sanjay Kumar … Petitioner
Versus The State of Jharkhand & Anr. … Opposite Parties
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. J.N. Upadhyay, Advocate For the State : Mr. Mohua Palit, Addl. P.P. ------
Order No.07 Dated- 22.07.2022
Heard the parties.
This criminal miscellaneous petition has been filed under section 482 Cr.P.C by the petitioner with a prayer for modification of the order dated 19.09.2019, passed in A.B.A. No. 4566 of 2019.
It is submitted by the learned counsel for the petitioner that the petitioner was directed to surrender before the court below within four months but due to paucity of money, he could not surrender within the stipulated time. It is next submitted that the petitioner has collected money and has prepared a demand draft of Rs.4,00,000/-, a copy of which has been annexed as Annexure- 1 at page no.4 of the supplementary affidavit. Hence, it is submitted that time to surrender before the court below in terms of the order dated 19.09.2019, passed in A.B.A. No. 4566 of 2019 be extended for six weeks from the date of this order.
Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for extension of time for the petitioner to surrender in the court below in terms of the order dated 19.09.2019, passed in A.B.A. No. 4566 of 2019 is allowed. Hence, the petitioner is directed to surrender before the court below “within six weeks from the date of this order in terms of the order dated 19.09.2019, passed in A.B.A. No. 4566 of 2019”.
The order dated 19.09.2019, passed in A.B.A. No. 4566 of 2019 is modified to the aforesaid extent only.
This criminal miscellaneous petition is disposed of accordingly.
Sonu-Gunjan/
1 issue framed by the court
Whether the time for the petitioner to surrender before the court below be extended from four months to six weeks due to financial paucity.
1 provisions across 1 enactments
Sanjay Kumar
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
