Sanjay Pandit vs State Of Jharkhand & Anr.

The matter has been heard through video conferencing. There is no complaint about audio and visual connectivity.

Petitioner has filed the present application for grant of anticipatory bail expressing his apprehension of arrest for alleged offences inter-alia under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Heard learned Senior counsel for the petitioner and learned counsel for the State.

Mr. B.M.Tripathi, learned Senior counsel appearing for the petitioner assisted by Mr. Navin Kumar Jaiswal, by making reference to the order dated 10.02.2020 passed in the instant anticipatory bail application has submitted that the petitioner has been extended with the benefit of provisional anticipatory bail till 22.04.2020. Apart from that, notice has also been issued with a direction upon the petitioner to take steps for service of notice upon opposite party No.2. Learned Senior counsel appearing for the petitioner has submitted that in pursuance to the order dated 10.02.2020 the benefit of provisional bail has been obtained by furnishing bail bond as directed by a Co-ordinate Bench of this Court and steps for service of notice has also been taken. He further submits that as would appear from the office note dated 09.05.2020 that the service report has not been received as yet and as such the benefit of provisional bail granted till 22.04.2020 may be extended with the same bail bond already furnished by the petitioner in pursuance to the order dated 10.02.2020 otherwise the petitioner will be in a difficult situation as because the police will be behind him and for no fault of his he will be in difficulty.

Mr. Sardhu Mahto, learned Additional Public Prosecutor appearing for the State has not disputed the factual aspect as has been submitted by Mr. Tripathi, learned Senior counsel appearing for the petitioner.

This Court, after hearing learned counsel for the parties and taking into consideration the order dated 10.02.2020 passed in the instant anticipatory bail application by a Co-ordinate Bench of this Court whereby and whereunder the interim order of provisional anticipatory bail till 22.04.2020 has been passed that in case of the petitioner being arrested by the police on or before 22.04.2020, the petitioner shall be released on bail provisionally on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five thousand) with two sureties of like amount each to the satisfaction of the officer concerned in connection with Govindpur P.S. Case No. 156 of 2019 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

It is also available from the record that in pursuance of the order dated 10.02.2020 by which the notice has been directed to be issued upon the opposite party No.2 with a direction upon the petitioner to file requisites and the same has been filed but as would appear from the office note dated 09.05.2020, notice was issued to the opposite party No.2 under both processes but service report and the due acknowledgement receipt have not yet been received.

In the backdrop of these admitted factual aspects, as has been submitted by Mr. Tripathi, which has rightly been not objected by Mr. Mahto, learned A.P.P., as because the petitioner has complied with the direction passed by this Court vide order dated 10.02.2020 for service of notice upon opposite party No.2 as would appear from office note dated 09.05.2020 but as yet service report has not been received in the office of this Court and if in that situation the provisional anticipatory bail extended in favour of the petitioner vide order dated 10.02.2020 would not be extended, the interest of the petitioner will seriously be prejudiced which will be for no fault of his own.

In view thereof, the provisional bail granted by a Co-ordinate Bench of this Court vide order dated 10.02.2020 in the instant Anticipatory Bail Application (A.B.A. No. 515 of 2020) in connection with Govindpur P.S. Case No. 156 of 2019 is directed to be extended till 10.06.2020.

It is also to be considered by this Court that since the petitioner has already furnished the bail bond and as has been submitted by learned Senior counsel that the petitioner may be directed to enjoy the benefit of provisional anticipatory bail on same bail bond taking into consideration the fact that the system in the civil court is not smoothly going on due to the spread of COVID-19 and for which the High Court has also issued some instructions to the District Courts.

This Court, after considering the aforesaid submissions and taking into account the fact that no purpose would be served in directing the petitioner to furnish fresh bail bond as the petitioner has already furnished the bail bond in pursuance to the order dated 10.02.2020 and as such the petitioner is directed to remain on anticipatory bail provisionally till 10.06.2020 on the same bail bond.

Let this case be listed on 10.06.2020 before appropriate available Bench.