Petition under section 439(2) Cr.P.C sought cancellation of bail granted in a case-and-counter-case matter where no offence under section 307 IPC was made out and other sections were bailable. The High Court found the bail order to be a speaking order and declined to interfere.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 1379 of 2019
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Arun Kumar Prasad .... Petitioner
-- Versus -- The State of Jharkhand and Another .... Opposite Parties
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :- Mr. A.K. Rashidi, Advocate For the State :- Mr. S.K. Dubey, Advocate For the O.P.No.2 :- Mr. Anuj Kumar Trivedi, Advocate ----
9 /22.01.2024 Heard Mr. Rashidi, the learned counsel for the petitioner, S.K. Dubey the learned counsel for the respondent State and Mr. Anuj Kumar Trivedi, the learned counsel appearing on behalf of the O.P.No.2.
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that there was case and counter case between the parties with regard to occurrence on the same day and no case under section 307 of the I.P.C is made out against the O.P.No.2 and further there was no specific allegation of theft against the O.P.No.2 and all other alleged sections are bailable and in view of that the learned court has granted bail to the O.P.No.2. Once the bail is granted, in a routine manner no bail will be cancelled. Further before the learned court further petition has been filed by the petitioner to cancel the bail which was rejected by order dated 19.11.2018 considering that the said power can be exercised either by learned Sessions Judge or the High Court. The Court finds that the said order has rightly been passed by the learned court. No case of interference is made out.
( Sanjay Kumar Dwivedi, J.)
SI/
1 issue framed by the court
Whether the bail granted to O.P.No.2 by the Chief Judicial Magistrate on 04.12.2017 should be cancelled on apprehension of tampering with evidence.
2 provisions across 2 enactments
Arun Kumar Prasad
The State of Jharkhand
O.P.No.2
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
