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2021 Supreme(Jhk) 362

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Swarup Kumar Barik, son of Virendra Barik – Appellant
Versus
The State of Jharkhand – Respondent
Cr.M.P. No. 540 of 2021
Decided on : 02-08-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Vikas Kumar, Advocate
For the Respondent: Mr. Suraj Verma, adv

Headnote:

Criminal Procedure Code, 1973 -Section 439(2) and 439(2) - Anticipatory bail -Petition has been filed for quashing order passed in A.B.P. by learned Sessions Judge, East at, whereby Opposite Party have been granted anticipatory bail - Held, On perusal of Section 439(2) Cr.P.C, it transpires that High Courts as well as court of Sessions are having power to exercise under that section. - Anticipatory bail has been granted by learned Sessions Judge, it will be proper for petitioner to file petition before learned Sessions Judge under section 439(2) Cr.P.C - Petitioner, if so advised, may approach learned Sessions Judge, and take all grounds which have been raised in Court Cr.M.P - Cr.M.P. Dismissed.

JUDGMENT :

1. Heard Mr. Vikas Kumar, the learned counsel appearing on behalf of the petitioner and Mr. Suraj Verma, the learned counsel appearing on behalf of the State.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This petition has been filed for quashing the order dated 13.01.2020 passed in A.B.P. No.1 of 2020 by learned Sessions Judge, East Singhbhum at Jamshedpur, whereby the Opposite Party nos.2, 3 and 4 have been granted anticipatory bail.

4. On perusal of Section 439(2) Cr.P.C, it transpires that the High Courts as well as the court of Sessions are having power to exercise under that section. The anticipatory bail has been granted by the learned Sessions Judge, East Singhbhum, Jamshedpur, it will be proper for the petitioner to file petition before the learned Sessions Judge under section 439(2) Cr.P.C.

5. The petitioner, if so advised, may approach the learned Sessions Judge, East Singhbhum, Jamshedpur and take all the grounds which have been raised in this Cr.M.P.

6. With the above observation, this Cr.M.P. stands dismissed.

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