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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to surrender within four weeks; on arrest or surrender, enlargement on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sahibganj in connection with Sahibganj (M) P.S. Case No. 124 of 2022; conditions include co-operation with investigation, appearance before the investigating officer as and when noticed, furnishing mobile numbers and Aadhar Card photocopy with undertaking not to change numbers during pendency, and subjection to conditions under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Sahibganj (M) P.S. Case No. 124 of 2022 (Sections 379 and 411 I.P.C.), should be granted the privilege of anticipatory bail. +1 more

Court's answer

Considering the facts and circumstances, the nature of allegation, materials on record, and that the petitioners' names surfaced via the confessional statement of apprehended co-accused persons, the Court extended the privilege of anticipatory bail to the petitioners.

Ratio / Principle

In granting anticipatory bail, the Court expressly relied on the fact that the petitioners' names surfaced on the basis of the confessional statement of apprehended co-accused persons, together with the nature of allegation and materials available on record.

Key takeaways

Petitioners directed to surrender within four weeks; on arrest or surrender to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sahibganj, with conditions of co-operation with investigation, appearing before the investigating officer as and when noticed, furnishing mobile numbers and Aadhar Card photocopy with undertaking not to change numbers during pendency, and subject to conditions under Section 438(2) of the Code of Criminal Procedure.ratio¶13

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Jharkhand at Ranchi (Pradeep Kumar Srivastava, J.), Order dated 6th March, 2024, A.B.A. No. 4437 of 2023: Md. Maskur @ Maskur and Md. Abujar, apprehending arrest in Sahibganj (M) P.S. Case No. 124 of 2022 instituted under Sections 379 and 411 of the I.P.C. (F.I.R.: four persons committing theft of iron bars; two caught, two escaped), granted the privilege of anticipatory bail — the Court weighing the nature of allegation, materials on record, and that the petitioners' names surfaced through the confessional statement of apprehended co-accused persons (petitioners' counsel asserting innocence, no recovery from their conscious possession and no criminal antecedents). Petitioners directed to surrender within four weeks; on arrest or surrender to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sahibganj, conditioned on co-operation with investigation, appearing before the investigating officer as and when noticed, furnishing mobile numbers and Aadhar Card photocopy with undertaking not to change numbers during pendency, and subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 4437 of 2023

Md. Maskur @ Maskur 2. Md. Abujar ….. Petitioners Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioners : Mr. S.S. Choudhary, Advocate. For the State : Mrs. Amrita Kumari, A.P.P. ---------

Order No. 04/Dated: 6^th March, 2024

Heard learned counsel for the parties.

Apprehending their arrest in connection with Sahibganj (M) P.S. Case No. 124 of 2022 instituted under Sections 379 and 411 of the I.P.C., the petitioners have moved to this Court for grant of privilege of anticipatory bail.

As per F.I.R., allegation is that four persons were committing theft of some iron bars. On seeing the raiding party, all of them tried to flee away, but amongst them two persons were caught by the police and the other two persons were managed to escape.

Learned counsel for the petitioner has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that the name of present petitioners surfaced in the confessional statement of apprehended co-accused persons. It is further submitted that nothing has been recovered from the conscious possession of the petitioners and they have no criminal antecedents. There is no iota of any legal evidence showing involvement of the petitioners in the present offence. It is further submitted that petitioners undertake to co-operate with the investigation of the case and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioners may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of this case, the nature

of allegation against petitioner coupled with materials available on

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record and also the fact that the name of the petitioners surfaced on the basis of confessional statement of apprehended co-accused persons, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sahibganj in connection with Sahibganj (M) P.S. Case No. 124 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Card with an undertaking that they will not change their mobile numbers during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

Sunil/