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2019 DIGILAW 52 (JHR)

Om Prakash Lala v. State Of Jharkhand

2019-01-07

ANIL KUMAR CHOUDHARY

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JUDGMENT 1. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jogta P.S. Case No.9 of 2018 (G.R. No. 744 of 2018) registered under sections 379, 411, 420, 467, 468, 471, 34 of the Indian Penal Code and section 30(ii) of the Coal Mines Act. 2. Heard Mr. Mahesh Tewari, the learned counsel for the noticee - Deepak Kumar Paul. 3. Perusal of the record reveals that vide order dated 03.07.2018, the anticipatory bail application of the petitioner was dismissed as not maintainable but as it appeared to this Court that the co-accused Deepak Kumar Paul was granted anticipatory bail by this Court in A.B.A. No. 2119 of 2018 suppressing the fact that process under section 82 of Cr.P.C. was issued against the petitioner. Hence notice was issued against him as to why, bail bonds of Deepak Kumar Paul was not cancelled. 4. Mr. Mahesh Tewari, the learned counsel for the noticee -Deepak Kumar Paul submits that his anticipatory bail application was filed on 04.04.2018 and process under section 82 of Cr.P.C. was issued on 02.05.2018 and he had no knowledge about the same. It is further submitted that the noticee in the mean while surrendered before the trial court in terms of the order passed in A.B.A. No. 2119 of 2018 and deposited Rs.15,000/-. It is further submitted that there is no allegation against the noticee that he has violated any terms or conditions of the bail nor there is any misconduct on his part warranting cancellation of the bail granted to him and further the noticee tenders unqualified apology and submits that his show cause be accepted and he may be permitted to continue in the bail which has already been granted to him. 5. Considering the aforesaid facts of the case, and the limited scope of cancellation of bail as laid down by the Honble Supreme Court of India in the case of Abdul Basit @ Raju & Ors. vs. Mohd. Abdul Kadir Chaudhary reported in (2014) 10 SCC 754 , this court is of the considered view that this is not a fit case for cancellation of bail. Accordingly, the show cause submitted by the noticee -Deepak Kumar Paul is accepted and the anticipatory bail application stands disposed of accordingly.