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Shankar Prasad Vs. the State of Jharkhand - Court Judgment

SooperKanoon Citation

Subject

Criminal

Court

Jharkhand High Court

Decided On

Case Number

A.B.A. No. 1543 of 2011

Judge

Acts

Code of Criminal Procedure (CrPC) (Cr.P.C) - Section 438(2)

Appellant

Shankar Prasad

Respondent

The State of Jharkhand

Excerpt:


[prashant kumar] – code of criminal procedure – section 438(2) -- anticipatory bail application filed by petitioner shankar prasad is moved by m/s. gauri devi and opposed by sri. it appears that petitioner was earlier granted bail on merit with condition that he will surrender within 10 days from the date of order. in support of contention, petitioner filed medical certificate (annexure-1).1. anticipatory bail application filed by petitioner shankar prasad is moved by m/s. gauri devi and opposed by sri. p.k. sahay, learned additional p.p.  it appears that petitioner was earlier granted bail on merit with condition that he will surrender within 10 days from the date of order. however, it appears that due to illness, petitioner could not surrender within the stipulated time. in support of contention, petitioner filed medical certificate (annexure-1). 2. considering the aforesaid facts and circumstance, i allow this application and direct the petitioner to surrender in the court below by 27.05.2011 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, jamshedpur in connection with sidgora p.s. case no. 78 of 2010 ( g.r. no. 1158 of 2010), subject to the condition as laid down under section 438(2) of the cr.p.c.

Judgment:


1. Anticipatory bail application filed by petitioner Shankar Prasad is moved by M/s. Gauri Devi and opposed by Sri. P.K. Sahay, learned Additional P.P.  It appears that petitioner was earlier granted bail on merit with condition that he will surrender within 10 days from the date of order. However, it appears that due to illness, petitioner could not surrender within the stipulated time. In support of contention, petitioner filed medical certificate (Annexure-1).

2. Considering the aforesaid facts and circumstance, I allow this application and direct the petitioner to surrender in the court below by 27.05.2011 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, Jamshedpur in connection with Sidgora P.S. Case No. 78 of 2010 ( G.R. No. 1158 of 2010), subject to the condition as laid down under section 438(2) of the Cr.P.C.


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