MD Idrish Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

MD Idrish Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all six petitioners conditional upon arrest or surrender before the court below within three weeks; release on bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of Judicial Magistrate, First Class, Giridih, in connection with Dhanwar P.S. Case no.277 of 2018, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioners apprehending arrest in Dhanwar P.S. Case no.277 of 2018 (registered under Sections 147, 427, 385, 504 and 379 IPC) may be enlarged on anticipatory bail notwithstanding that cognizance of offences under Sections 147, 149, 427, 382, 504 and 379 IPC was taken against them on 17.07.2023 after the previously accepted negative final form was set aside pursuant to the informant's revision.

Court's answer

Having heard learned counsel for the parties and considering the materials available on record, this Court decided to enlarge the petitioners, above named, on anticipatory bail.

Ratio / Principle

Conditional release prescribed: petitioners, in event of arrest or surrender before the court below within three weeks, shall be released on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Giridih, subject to Section 438(2) Cr.P.C. conditions.

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi – A.B.A. No.1401 of 2024 (Order No.05, dated 24.07.2024), Rajesh Shankar, J.: Six petitioners (Md. Idris, Md. Jakir, Md. Imtiyaz, Md. Mansur, Md. Suleman Mian @ Suleman, Md. Imran) apprehending arrest in Dhanwar P.S. Case no.277 of 2018 registered under Sections 147, 427, 385, 504 and 379 IPC, on the informant Md. Amzad's allegation of bore-well damage and extortion demand of Rs.20.00 lakh. Police found no evidence and submitted final form on 10.09.2021, accepted by Judicial Magistrate, First Class, Giridih on 07.03.2022; the informant's Cr. Revision No.10 of 2023 was allowed by the Principal Sessions Judge, Giridih on 30.06.2023, setting aside that acceptance and directing a fresh reasoned order; cognizance was thereafter taken on 17.07.2023 under Sections 147, 149, 427, 382, 504 and 379 IPC and summons issued. Court enlarged the petitioners on anticipatory bail: arrest/surrender within three weeks, bail bond Rs.20,000/- each with two sureties of the like amount each, satisfaction of Judicial Magistrate, First Class, Giridih, subject to Section 438(2) Cr.P.C. conditions – application allowed.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1401 of 2024

Md. Idris

Md. Jakir 3. Md. Imtiyaz 4. Md. Mansur 5. Md. Suleman Mian @ Suleman 6. Md. Imran

.......... Petitioners. -VersusThe State of Jharkhand .......... Opp. Party.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioners : Mr. Abhay Kumar, Advocate For the State : Mrs. Kumari Rashmi, APP ----- Order No.05 Date: 24.07.2024

The petitioners are apprehending their arrest in a case registered under Sections 147, 427, 385, 504 and 379 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged. Initially, the petitioners were implicated in this case at the instance of the informant- Md. Amzad with an allegation that the petitioners damaged his bore-well and demanded extortion of Rs.20.00 lakh. The said case was investigated by the police and on finding no evidence against them, final form/report was submitted before the concerned court below on 10^th September, 2021. Subsequently, vide order dated 7^th March, 2022, the said final form/report was accepted by the Judicial Magistrate, First Class, Giridih. Thereafter, the informant challenged the acceptance of final form/report submitted by

the police by filing a criminal revision application being Cr. Revision No.10 of 2023 in the court of Principal Sessions Judge, Giridih, which was allowed vide order dated 30^th June, 2023 setting aside the order dated 7^th March, 2022 passed by the Judicial Magistrate, First Class, Giridih with a direction to the said court to appreciate all aspects of the matter collected during investigation and pass a fresh reasoned order. Thereafter, the Judicial Magistrate, First Class vide order dated 17^th July, 2023 took cognizance of the offences under Sections 147, 149, 427, 382, 504 and 379 of the Indian Penal Code against the petitioners and summons were issued to them. Under the said circumstance, the petitioners have sought anticipatory bail in connection with the present case. 3. Learned A.P.P., while opposing the petitioners’ prayer for anticipatory bail, submits that though the police did not find any evidence against the petitioners and submitted final form/report in the present case, however, pursuant to the order passed by the Principal Sessions Judge, Giridih in Cr. Revision No.10 of 2023 cognizance of the aforesaid offences has been taken by the learned Judicial Magistrate, First Class, Giridih against the petitioners. Hence, they may not be granted the privilege of anticipatory bail.

Having heard learned counsel for the parties and considering the materials available on record, this Court is inclined to

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enlarge the petitioners, above named, on anticipatory bail. Accordingly, the petitioners, in event of their arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand), each, with two sureties of the like amount, each, to the satisfaction of learned Judicial Magistrate, First Class, Giridih, in connection with Dhanwar P.S. Case no.277 of 2018, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Sanjay/

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A.B.A. No.1401 of 2024