Jharkhand High Court
Subralok Das vs The State Of Jharkhand on 24 August, 2016
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No.2019 of 2016
Subralok Das @ Shubralok Das ...... Petitioner
Versus
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mrs. Gouri Debi, Advocate For the State : Mr. Kaushal Kr. Mishra, A.P.P 03/Dated: 24/08/2016 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Hatgamharia P.S. Case No. 31 of 2014, corresponding to G.R. No. 535 of 2014, for the offence registered under Sections 414, 420/34 of the Indian Penal Code and under Section 33 of the Indian Forest Act.
Today, when the case is called out, learned A.P.P produced case diary and referring to para 384 of the case diary has submitted that in the said para, it has been mentioned by the I.O that Inspector Incharge of CDA Phase-II P.S. Sector II Cuttak (Odisha) has informed through mobile that in Hatgamharia P.S. Case No. 31 of 2014 owner of vehicle OR 14P-3317 namely Subralok Das has been arrested and produced before the Court of S.D.J.M, Cuttak on 03.08.2016 and he is in jail custody, so this anticipatory bail application is not maintainable.
In view of above call for report from the court concerned as to whether, Investigating Officer has filed any requisition before the court for remand of the petitioner in this case or not.
Learned A.P.P is also directed to ascertain as to whether I.O has filed any requisition for remand of this petitioner in this case or not.
Learned counsel for the petitioner is directed to address to this Court on the question of law as to whether this anticipatory bail application is maintainable or not as the petitioner is in judicial custody.
List this case on 28.09.2016.
Let a copy of this order be handed over to the learned counsel for the parties.
(Anant Bijay Singh, J.) Satyarthi/-