J. B. PARDIWALA, K. V. VISWANATHAN
Prantik Kumar – Appellant
Versus
State of Jharkhand – Respondent
ORDER
1. Delay condoned.
2. Exemption Applications are allowed.
3. The petitioners father and son respectively have been denied anticipatory bail by the High Court of Jharkhand in connection with the First Information Report No.0184 dated 10-6-2023 registered with Adityapur Police Station, State of Jharkhand, for the offence punishable under Sections 406, 420, 504, 506, 120B read with Section 34 of the Indian Penal Code (for short, the “IPC”) respectively.
4. The case of the first informant is plain and simple. He claims to be a unpaid seller. There was a business transaction between the first informant and the accused persons in connection with purchase of craft papers. According to the first informant, an amount of Rs.9,00,000/- and odd remains due and payable by the petitioners towards the business transaction. In such circumstances, the FIR came to be lodged for the offence of cheating etc.
5. The petitioners apprehending arrest in connection with the First Information Report, referred to above, prayed for anticipatory bail first before the Sessions Court. As the Sessions Court declined, they went before the High Court. The High Court has passed two very unusual orders and that too
Bail/Anticipatory bail – Grant of regular bail or anticipatory bail should not be subject to deposit of any amount.
The Supreme Court emphasized that anticipatory bail should not be misconstrued as a norm and cautioned against granting ad interim relief that essentially provides final outcomes pending full hearing....
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
Police has no power to arrest accused in a complaint case unless there is a non-bailable warrant issued by that Court along with summons – If Magistrate orders Police inquiry under Section 202 and as....
The court may grant anticipatory bail based on the allegations in the First Information Report and the attending circumstances, if the case of anticipatory bail is made out.
In private complaint cases, the police have no power to arrest without a warrant issued by the Magistrate. Courts acts exceeding jurisdiction by directing the accused to surrender when denying antici....
It would be open for the investigating agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the concerned Magistrate on the first....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.