The Single Judge of the High Court of Jharkhand, instead of granting anticipatory bail, directed the petitioner to seek regular bail before the trial court in compliance with Apex Court guidelines regarding bail representation and intricate criminal cases.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 463 of 2023
Kanhaiya Jaiswal …… Petitioner
Versus
The State of Jharkhand ……Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Fahad Allam, Addl.P.P
Order No.03/ Dated:13.07.2023
Heard learned counsel for the parties.
Apprehending his arrest in connection with Tapkara P.S. Case No. 27 of 2022 instituted under Sections 414 of the Indian Penal Code, U/s 4/21 Mines Mineral (Development and Regulation) Act, 1957, U/R 54 Jharkhand Minor Mineral Concession Rule 2004 and U/R 7/9/13 Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rule 2017, the petitioner has moved to this Court for grant of privilege of anticipatory bail.
As per F.I.R, there is an allegation of illegal storage of sand in Raiyati land by the petitioner without any challan, for selling purposes.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner has no concern with the alleged sand stored on the land situated near Bazar Tanr Tapkara. It is submitted that petitioner has complied with the notice issued under Section 41 (A) Cr.p.c. and has co-operated in the investigation of the case. Charge sheet has also been submitted. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Petitioner is directed to seek regular bail before learned trial court which shall be disposed of in strict compliance of the guidelines issued by Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr reported in 2021(10) SCC 773.
Learned trial court is also directed to take notice of fresh observation of Hon’ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2023- SCC online (SC) 452 & 2023- Live Law (SC) 233 .
Accordingly, this anticipatory bail application is disposed off.
(Pradeep Kumar Srivastava, J.)
R.K/
2 issues framed by the court
Whether the anticipatory bail application admits of grant or direction to seek bail from trial court.
Whether the trial court must consider the guidelines in Satender Kumar Antil while granting regular bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnrReferred¶16
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr reported in 2021(10) SCC 773 · Who else cites this
Satender Kumar Antil Vs. Central Bureau of Investigation & AnrReferred¶17
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr reported in 2023- SCC online (SC) 452 & 2023- Live Law (SC) 233
5 provisions across 5 enactments
Kanhaiya Jaiswal
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
