Petitioner sought modification of his bail order due to critical cardiac health preventing monthly court appearances. The court relaxed the frequency requirement, directing appearance only as needed by the trial court.
The condition requiring monthly appearance was relaxed; petitioner directed to appear only as required.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 852 of 2023
Krishna Kumar Bhagat …… 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 Petitioners : Mr. Rajesh Kumar, Advocate For the State : Mrs. Manoj Kumar Mishra, A.P.P.
Order No.03/ Dated:07.07.2023
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 17.06.2011 passed in A.B.A. No.139 of 2011.
It is submitted by the learned counsel for the petitioner that earlier petitioner was granted anticipatory bail in connection with Palajori P.S. Case No. 118 of 2010 corresponding to G.R. No. 511 of 2010 for the offence under Section 406, 409, 420, 34 of the Indian Penal Code and one of the condition of bail was that petitioner will present before the court below once in every month on the fixed date otherwise, the bail bond shall be cancelled. It is submitted that petitioner is a cardiac patient and is in critical condition. At present, he is under treatment at Accord Hospital (Faridabad) (annexure 2), aged about 72 years and is weak and affirmed. Hence, it is physically not possible to appear in a month or on each date fixed in the case for hearing. It is submitted that petitioner undertakes to appear before the concerned trial court as and when his physical presence is required. Accordingly, the earlier order passed in A.B.A. No.139 of 2011 vide order dated 17.06.2011 may be modified.
Learned A.P.P. has no objection on the above ground taken by the petitioner.
It appears that it is very old case of the year 2010. Status report of trial was also called for from the concerned court, which is annexed, charges were framed on 28.05.2015 and out of 16 charge sheeted witnesses among them 2 witnesses are dead and 9 witnesses have been examined till date.
Considering the above mentioned condition for appearance once in a month of the petitioner is relaxed. Petitioner is directed to appear before the learned trial court as and when required instead of once in each month.
Accordingly, this Criminal Miscellaneous Petition is disposed off.
(Pradeep Kumar Srivastava, J.)
R.K/
2 issues framed by the court
Whether the condition requiring the petitioner to appear once a month can be relaxed given his critical cardiac condition.
Whether the bail bond should be modified to allow appearance only as required.
1 provisions across 1 enactments
Krishna Kumar Bhagat
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
