The Court allowed the petitioner's prayer to extend the time for surrender before the trial court by two weeks due to lack of higher authority leave. The earlier order dated 01.12.2022 granting anticipatory bail was modified.
Extension of time to surrender before the court below by two weeks from the date of receipt of this order.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.223 of 2023
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Markandey Soy
.... .... …. Petitioner
Versus
The State of Jharkhand and Anr. .... .... ....Opposite Parties
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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----For the Petitioner : Mr. Madhav Pd., Advocate For the State : Mr. Someshwar Roy, Addl.P.P
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Order No.06 Dated- 17.03.2023
Heard learned counsel for 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 01.12.2022 passed in A.B.A. No.6647 of 2022.
Learned counsel for the petitioner that vide order dated 01.12.2022 passed in A.B.A. No.6647 of 2022, the petitioner was given the privileges of anticipatory bail by this Court and was directed to surrender before the court below within four weeks. It is further submitted that the petitioner could not surrender within stipulated time as he was not granted leave by the higher authority of department. Hence, the time period for the petitioner to surrender before the court below in terms of the order dated 01.12.2022 passed in A.B.A. No.6647 of 2022 to be extended by two weeks.
Considering the aforesaid submission of the learned counsel for the petitioners, the prayer for extension of the time for the petitioner to surrender in the court below in terms of the order dated 01.12.2022 passed in A.B.A. No.6647 of 2022 is allowed. Hence, the petitioner is directed to surrender before the court below “within two weeks from the date of receipt of the copy of this order in terms of the order dated 01.12.2022 passed in A.B.A. No.6647 of 2022”.
The order dated 01.12.2022 passed in A.B.A. No.6647 of 2022 is modified to the aforesaid extent.
This criminal miscellaneous petition is disposed off accordingly.
Pappu/
(Pradeep Kumar Srivastava, J.)
2 issues framed by the court
Whether the time for surrender to the court below should be extended due to inability to get leave from higher authority.
Whether the order of anticipatory bail with direction to surrender should be modified.
1 provisions across 1 enactments
Markandey Soy
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
