MD Mukhtar Alias Gajni Ansari Alias MD Mukhtar Ansari Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

MD Mukhtar Alias Gajni Ansari Alias MD Mukhtar Ansari Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Six-week extension from the date of the present order (14-02-2025) for the petitioners to surrender before the court below in terms of the order dated 15.03.2022 passed in A.B.A. No.4397 of 2019; the said order modified to that extent only.

Issue for consideration

Whether the time period for the petitioners to surrender before the court below in terms of the order dated 15.03.2022 passed in A.B.A. No.4397 of 2019 should be extended by six weeks (i.e., whether that order should be modified for this purpose).

Court's answer

The prayer for extension of time for the petitioners to surrender in the court below in terms of the order dated 15.03.2022 passed in A.B.A. No.4397 of 2019 is allowed; accordingly that order is modified by directing the petitioners to surrender within six weeks from the date of the present order.

Ratio / Principle

The modification of the order dated 15.03.2022 passed in A.B.A. No.4397 of 2019 is confined to the extension of the surrender period only.

Detailed headnote1 paragraphs

Cr.M.P. No.311 of 2025 (High Court of Jharkhand, Ranchi; Anil Kumar Choudhary, J.; Order No.-02 dated 14-02-2025): Modification of anticipatory-bail order dated 15.03.2022 passed in A.B.A. No.4397 of 2019, whereby the three petitioners had been given the privileges of anticipatory bail on condition that they surrender before the court below within six weeks upon jointly depositing a demand draft of Rs.50,000/- without prejudice to their defence in favour of the complainant of Complaint Case No.1797 of 2017. Having failed to surrender within the stipulated time for want of money to prepare the draft, and having since arranged the money and prepared the draft (copy annexed with the brief), the petitioners prayed for a six-week extension. The Court allowed the prayer, modified the order dated 15.03.2022 by directing the petitioners to surrender within six weeks from the date of the present order, confined the modification to that extent only, and disposed of the criminal miscellaneous petition accordingly.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.311 of 2025

Md. Mukhtar @ Gajni Ansari @ Md. Mukhtar Ansari, aged about 27 years.

Md. Fajlu @ Chand Rashid @ Md. Fajlu Ansari, aged about 26 years

Md. Sahil @ Sharfaraj @ Md. Sharfaraj @ Sharfaraj Ahmad, aged about 25 years, all are S/O Md. Muslim, R/O Village- Mahdadih, P.O.- Nawdiha, P.S.- Jamua, District- Giridih (Jharkhand)

… Petitioners

Versus

… The State of Jharkhand Opposite Party

-----CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Md. Ayub Ansari, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl.P.P.

------

Order No:-02 Dated:-14-02-2025

Heard the parties.

This criminal miscellaneous petition has been filed by the petitioners with a prayer for modification of the order dated 15.03.2022 passed in A.B.A. No.4397 of 2019.

It is submitted by the learned counsel for the petitioners that vide order dated 15.03.2022 passed in A.B.A. No.4397 of 2019, the petitioners were given the privileges of anticipatory bail and directed to surrender before the court below within six weeks upon their undertaking to jointly deposit a demand draft of Rs.50,000/- without prejudice to their defence in favour of the complainant of Complaint Case No.1797 of 2017. It is next submitted that due to paucity of money, the petitioners could not prepare the said demand draft within the stipulated time, hence, they could not surrender within the stipulated time. It is next submitted that in the meantime the petitioners have arranged the money and prepared the said demand draft and the copy of the same has been annexed with the brief. It is further submitted that now the petitioners are ready and willing to surrender before the learned court below

and unless six weeks’ extension is granted to them, they will be highly prejudiced. Hence, it is submitted that the time period for the petitioners to surrender before the court below in terms of the order dated 15.03.2022 passed in A.B.A. No.4397 of 2019 be extended by six weeks from the date of this order.

Considering the aforesaid submission of the learned counsel for the petitioners, the prayer for extension of time for the petitioners to surrender in the court below in terms of the order dated 15.03.2022 passed in A.B.A. No.4397 of 2019 is allowed. Accordingly, the order dated 15.03.2022 passed in A.B.A. No.4397 of 2019 is modified by directing the petitioners to surrender within six weeks from the date of this order in terms of the order dated 15.03.2022 passed in A.B.A. No.4397 of 2019.

The order dated 15.03.2022 passed in A.B.A. No.4397 of 2019 is modified to the aforesaid extent only.

This criminal miscellaneous petition is disposed of accordingly.

(Anil Kumar Choudhary, J . )

Animesh/