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Jharkhand High Court

Sushen Modak vs The State Of Jharkhand on 22 September, 2017

Author: H. C. Mishra

Bench: H. C. Mishra, Ananda Sen

          IN THE      HIGH        COURT         OF   JHARKHAND        AT    RANCHI
                          Criminal Appeal (DB) No.   861   of 2013

          Sushen Modak
          @ Sushen Kumar Modak                             ..... ...     Appellant
                                        Versus
          The State of Jharkhand                           ..... ...       Respondent
                                     --------
                CORAM         :    HON'BLE MR. JUSTICE H. C. MISHRA
                                   HON'BLE MR. JUSTICE ANANDA SEN
                                     ------
          For the Appellant          :        M/s Jai Shankar Tripathy
                                               & Naziya Rashid, Advocates
          For the State              :        A.P.P.
                                     --------

          I.A. No. 7876 of 2017

19/ 22.09.2017

This interlocutory application has been filed by the sole appellant for granting provisional bail, stating that his father died on 18.9.2017. Along with this interlocutory application, the letter of mother of the appellant addressed to Mukhiya and also bearing the signatures and seals of Mukhiya, Deputy Mukhiya, Pramukh and a Member of District Board has been filed.

In the facts of this case and taking into consideration the fact that the appellant is the only son of his deceased father, who has to perform his last rites, we are inclined to grant provisional to the appellant for a period of ten days.

Accordingly, the appellant, Sushen Modak @ Sushen Kumar Modak, is directed to be released on provisional bail for a period of ten days, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Sessions Judge, Saraikela-Kharsawan, in connection with S.T. No. 178 of 2011, subject to condition that one of the bailer shall be Ruma Modak, the mother of the appellant, and other bailer shall be the Mukhiya of Gram Panchayat Gauragkocha, Ichakgarh, District- Saraikella-Kharsawan.

This interlocutory application stands allowed. The appellant is directed to surrender in the Court below on or before the expiry of the provisional bail. If the appellant fails to surrender on or before expiry of the provisional bail, the Court below shall issue process compelling the production / surrender of the appellant in the Court below, with intimation to this Court.

( H. C. Mishra, J.) (Ananda Sen, J.) R.Kr.