Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Prabha Bernadette Xalxo, W/o Santosh Ekka – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Though notice has validly been served upon the opposite party Nos.2 to 6 yet no one turns up on behalf of the opposite party Nos.2 to 6 in spite of repeated calls.
3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 14.06.2024 passed by the learned Additional Sessions Judge-VI, Hazaribagh in Anticipatory Bail Petition No.573 of 2024 in connection with Korrah P.S. Case No.49 of 2024 whereby and where under the learned Additional Sessions Judge-VI, Hazaribagh has granted the privileges of anticipatory bail to the opposite party Nos.2 to 6 of this case involving the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 295A, 379, 354, 427, 504 and 506 of the Indian Penal Code.
4. The brief fact of the case is that the opposite party Nos.2 to 6 of this case who were the accused persons of the said Korrah P.S. Case No.49 of 2024, filed Anticipatory Bail Petition No.573 of 2024 which was taken up for hearing on 14.06.2024 by the learned Additional Sessions Judge-VI, Hazariba
Anticipatory bail can be granted if the order is not based on irrelevant material or is unreasoned; the absence of grievous injury and victim's statement support the decision.
A Criminal Court can rectify its own orders in exceptional circumstances to prevent miscarriage of justice, despite generally lacking review power, when errors arise beyond the party's control.
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
