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Judgment
Heard learned counsel for the appellant and learned counsel for the State, on the interlocutory application for granting provisional bail to the appellant for treatment of his wife, who is suffering from cancer and has been referred to Tata Memorial Hospital, Mumbai, looking into her serious condition. Certificate to this effect has been brought on record as Annexure-2.
Earlier also, provisional bail was granted to the appellant for treatment of his wife.
There being allegation against the appellant to have assaulted the mother of the informant by firearm for demand of levy, the prayer for regular bail of the appellant was rejected by this Court.
In the facts of this case, we are inclined to release the appellant, Amarjeet Kumar Thakur @ Bokan, on provisional bail, provided, the appellant deposits some security in the Court below. If the appellant deposits the demand draft of Rs. 50,000/-(Rupees Fifty Thousand) only, in favour of Jharkhand State legal Services Authority, Ranchi, in the Court below, the appellant is directed to be released on provisional bail for a period of one month, from the date of his release, for getting his wife treated at Mumbai, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-II, Seraikella-Kharsawan, in connection with S.T. No. 133 of 2008.
The appellant must make arrangements for proper look after of his wife at Mumbai, or for further transportation to Mumbai, if so required, so that occasion for granting further provisional bail may not arise.
The appellant shall surrender in the Court below positively before the expiry of his provisional bail, failing which, the demand draft deposited by the appellant, shall stand forfeited and shall be sent to the Jharkhand State Legal Services Authority, Ranchi, for being deposited in its account, and the Court below shall issue process, compelling the surrender/production of the appellant in the Court below.
If the appellant surrenders in the Court below on or before the expiry of the provisional bail, the demand draft deposited by him shall be returned back to him.
This interlocutory application stands allowed, with the aforesaid directions.