Ajay Chatterjee vs State Of Jharkhand And Ors

This interlocutory application has been filed under Section 401 of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail to the petitioner, during the pendency of the revision.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 29.11.2019. It is submitted that the petitioner has failed to pay the awarded ad-interim maintenance accordingly the distress warrant was issued against him for realization of the arrear maintenance amount of Rs.2,96,000/- and accordingly the petitioner was arrested and he was in jail custody for nearly nine months. It is submitted that the petitioner undertakes to give part of the arrear amount within a year on his release from custody.

Learned counsel for O.Ps has submitted that O.P. No.2, has two minor children and petitioner has ousted her from the house after 20 years of marriage. That till date he has not paid the maintenance amount.

Learned A.P.P is present.

Heard. Considering that the petitioner had remained in custody for nearly nine months, accordingly the petitioner is directed to be enlarged on bail, during the pendency of the revision, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Principal Judge, Family Court Ranchi, in connection with Original Maintenance Case No.139 of 2016, subject to the condition that he shall undertake to deposit Rs.50,000/- as part of the arrear maintenance amount in the court below by 27.02.2021, failing which the court below is at liberty to pass necessary order and take coercive steps for realization of the arrear maintenance amount.

In the result I.A. No.3904 of 2020 stands allowed.