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High CourtsSingle Bench(2020) 08 JH CK 0240

Nirmal Mahto And Ors vs State Of Jharkhand

Jharkhand High Court · Decided on 26 August 2020

HON’BLE JUDGES
Rongon Mukhopadhyay, J
RESULT
Disposed Of
CASE NUMBER
Bail Appeal No. 5290 Of 2020

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Judgment

8 paragraphs · 370 words

Heard Mr. K.S. Nanda, learned counsel for the petitioners and Mrs. Lily Sahay, learned A.P.P. for the State.

The prayer for bail of the petitioners was earlier rejected in B.A. No. 2978 of 2020 at that stage.

It appears that one of the co-accused has subsequently been granted bail by this Court in B.A. No. 4322 of 2020 on the condition that the petitioner shall deposit an amount of Rs. 1,00,000/- by way of draft at the time of furnishing of the bail bond.

Mr. K.S. Nanda, learned counsel for the petitioners has filed a supplementary affidavit which has been sent through e-mail in which an undertaking has been given that the petitioners are ready to deposit a sum of Rs. 1,00,000/- in favour of Kedla Washery of M/s Central Coalfields Limited at the time of furnishing of their bail bond. Mr. Nanda has further clarified by stating that Rs. 1,00,000/- which has been undertaken shall be deposited by each of the petitioners.

The petitioners are in custody since 28.01.2020. Regard being had to the period of custody and the undertaking given by the petitioners, the petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Ramgarh in connection with Mandu (WB) P.S. Case No. 114/2018, corresponding to G.R. Case No. 555/2018, subject to the condition that they shall individually deposit a draft of Rs. 1,00,000/- each drawn in favour of Kedla Washery of M/s Central Coalfields Limited at the time of furnishing of the bail bond.

It is made clear that if the petitioners adhere to their undertaking given to this Court the learned court below shall issue notice to the Authorized Officer of M/s Kedla Washery of Central Coalfields Limited and on proper verification shall release the drafts in his favour.

However, the deposit of the amount of Rs. 1,00,000/- by each of the petitioners by way of draft shall be without prejudice to the rights of the petitioners.

This application stands disposed of. Let a copy of the supplementary affidavit sent through e-mail be kept on the record.