[mr. justice anand byrareddy, j.] this writ
petition is
filed
under articles 226 and 227 of the constitution of india praying to
direct the respondent draw and pay the provisional pension from 08.04.2000 to till completion of enquiry. there
after issue further direction the period from 20.01,1995 onwards till the enquiry completed to treat the period as on duty in the
event of charges and to du-w and pay all consequential benefits and etc......3.
learned counsel for the
petitioner after seeking
instruction from his client submits that
petitioner is ready to pay the said amount to the
complainant without prejudice to his case.4.
learned additional p.p. have no
objection to the
aforesaid submission.5.
considering the
aforesaid facts and
circumstance, i allow this
application and direct the
petitioner to
surrender in the court below by 06.05.2011 and in that event the court below is
directed to
enlarge the
petitioner , above named, on bail on furnishing
bail bond of rs. 10,000/-(ten thousand) with two sureties of the like amount each to the
satisfaction of chief
judicial magistrate, koderma
in connection with complaint case no. 334 of 2010 ,
subject to the
condition as laid down under section 438(2) of the cr.p.c. and
subject to further condition that on the date of
surrender the
petitioner furnish a bank draft of rs. 50,000/- in the name of
complainant, in the court below. 6. the court below is
directed to hand over the said bank draft to the
complainant on proper
identification.
1.
Anticipatory bail
application filed by
petitioner Triloki Nath Mishra is
moved by Sri Jai
Shankar Tiwary and
opposed by Mr. R.S. Singh ,
learned Additional P.P.
2. It is alleged that petitioner issued a cheque of Rs. 50,000/- in favour of complainant but the same has not been en-cashed because the petitioner has requested the bank for not en-cashing the said cheque. Accordingly, the present case filed.
3. Learned counsel for the petitioner after seeking instruction from his client submits that petitioner is ready to pay the said amount to the complainant without prejudice to his case.
4. Learned Additional P.P. have no objection to the aforesaid submission.
5. Considering the aforesaid facts and circumstance, I allow this application and direct the petitioner to surrender in the court below by 06.05.2011 and in that event the court below is directed to enlarge the petitioner , above named, on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Koderma in connection with Complaint Case No. 334 of 2010 , subject to the condition as laid down under section 438(2) of the Cr.P.C. and subject to further condition that on the date of surrender the petitioner furnish a bank draft of Rs. 50,000/- in the name of complainant, in the court below.
6. The court below is directed to hand over the said bank draft to the complainant on proper identification.