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2025 DIGILAW 1393 (JHR)

Mohammad Ibrar, S/o Sri Abdul Majid v. State of Jharkhand

2025-05-09

ANIL KUMAR CHOUDHARY

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JUDGMENT : (Anil Kumar Choudhary, J.) 1. Heard the parties. 2. Learned senior counsel for the petitioner submits that the Cr.M.P. has been filed with a prayer to modify the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023 by which the petitioner was given the privilege of anticipatory bail upon showing the proof of transferring 3 decimals of land to the opposite party no.2 by way of sale situated at Prem Nagar, Nagri, District Ranchi and to produce the documents regarding construction of two BHK house over the said land of 600 sq. ft. carpet area and also directed that the provisional bail granted to the petitioner shall be confirmed by the trial court till disposal of the case subject to the same. 3. Learned senior counsel for the petitioner further submits that the petitioner is still ready and willing to transfer three decimals of land by way of sale situated at Prem Nagar, Nagri, District Ranchi in favor of the opposite party no.2 and also agrees to construct two BHK house with carpet area of 600 sq. ft. within three months but it would be subject to full and final settlement; as petitioner is not in condition to pay further any more to the opposite party no.2, if claimed by the opposite party no.2. It is next submitted by the learned senior counsel for the petitioner that the petitioner is working as Site Engineer Mechanical in N12 Asphalt Limited Production Facility in Imo State, Nigeria and the petitioner has entered into an agreement with Shamim who is the power of attorney holder of the owner of the land situated at Prem Nagar, Nagri, District Ranchi and has also paid an advance of Rs.2 Lakhs. It is next submitted that an alternative prayer has also been made in this Cr.M.P. that the petitioner may be permitted to withdraw the undertaking given by him in court on 06.09.2024 in A.B.A. No.10718 of 2023, if the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023 is not modified. It is next submitted that the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023 may be recalled and petitioner may be permitted to withdraw A.B.A. No.10718 of 2023. 4. Learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer and submits that the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023 is no more in force. 4. Learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer and submits that the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023 is no more in force. The order dated 06.09.2024 passed by this court in A.B.A. No.10718 of 2023 was valid only for a period of 10 days from 06.09.2024 and 10 days after 06.09.2024 has long elapsed, so the petitioner having not surrendered before the learned CJM, Ranchi in terms of the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023; the said order is no more in force, because of efflux of time stipulated in the order itself. 5. It is next submitted by the learned counsel for the opposite party no.2 that the petitioner with an ulterior motive has mislead this Court and now having got a breather for a considerable period of time by way of anticipatory bail wants to act smart and wants to go back from the undertaking given by him with an ulterior motive, which he is not permissible in law, hence, this Cr.M.P. being without any merit, be dismissed. 6. Having heard the submissions made at the bar and after carefully going through the materials in the record, it is pertinent to mention here that as has rightly been submitted by the learned counsel for the opposite party no.2 that the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023 is no more in force; after 10 days from 16.09.2024. There is no plausible reason as to why the petitioner did not appear before the learned Court of CJM, Ranchi within 10 days from 06.09.2024. Since, the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023 has lost its force with the expiry of 10 days thereafter by the petitioner not surrendering in the Court of learned CJM, Ranchi, hence, this Court is of the considered view that there is no scope for interfering with the the petitioner to withdraw the undertaking given by him in this Court on the petitioner to modify the order dated 06.09.2024 as the petitioner having in no uncertain terms given an undertaking but has went back from the undertaking given by him before this Court in the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023. Such person does not deserve any indulgence from this Court by allowing his prayer to modify the order dated 06.09.2024 passed in A.B.A. No.10718 of 2023 without any justifiable reason. 7. Accordingly, this Cr.M.P., being without any merit, is dismissed.