Jharkhand High Court
Gopal Prasad Singh Alias Gopal Shankar ... vs The State Of Jharkhand on 28 November, 2016
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4539 of 2016
Gopal Prasad Singh @ Gopal Shankar Singh ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. K.P. Deo, Advocate.
For the State : A.P.P.
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03/Dated: 28/11/2016
When the case is called out, in terms of the order dated
22.11.2016, learned counsel for the petitioner has relied upon the judgment of Jharkhand High Court reported in 2011 (3) JLJR 253 (Dinesh Kumar V. State of Jharkhand), (para-5) and has submitted that this Court has held that although the bail granted by the police has not been canceled, this Court has jurisdiction to entertain the anticipatory bail application of the petitioner.
So, learned APP is directed to reply on this point. Further, office is directed to call for a report from the trial court on the following facts:-
(i) Whether petitioner is on bail.
(ii) Whether the petitioner is on police bail or on bail
granted by a court of competent jurisdiction.
(iii) Further, the order dated 29.01.2016 reveals that differing from final form submitted by I.O., the learned Magistrate has taken cognizance under Sections 323, 324, 325, 448, 307 / 34 of the I.P.C. against the petitioner and further directed to issue non-bailable warrant against the petitioner.
(iv) Whether before passing any order, bail bonds, if any, furnished by the petitioner have been canceled in terms of Section 446A of the Cr.P.C. or not?
Report must be received within six weeks. In the meantime, operation of non-bailable warrant issued against the petitioner shall remain suspended.
List this case after six weeks.
Let a copy of order be communicated to the trial court.
(Anant Bijay Singh, J.) Sunil/-