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2017 Supreme(SC) 1460

SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
Amar Nath Neogi - Appellant
Versus
State of Jharkhand - Respondent
Criminal Appeal No.1758 of 2017 (@ Special Leave Petition (CRL) Nos. 7487 of 2017)
Decided On : 10-10-2017

Advocate Appeared:
For the Appellants :Sachin Datta, Sr. Adv., P. Vinay Kumar, Ankur Goel, Manmilan Sidhu, Ms. Roopali Chaturvedi, Advocates.

The court considered the completion of investigation, the appellant's senior citizen status, and non-Government service in deciding the surrender and bail conditions.

Headnote:

Anticipatory Bail - Senior Citizen - Surrender and Bail Conditions

Fact of the Case:

The appellant, an accused in a criminal case, sought anticipatory bail despite the completion of the investigation. The appellant is a senior citizen and was never in Government service.

Finding of the Court:

The court directed the appellant to surrender before the Court of competent jurisdiction and granted bail upon surrender with specified conditions.

Issues: Applicability of anticipatory bail after completion of investigation, consideration of appellant's senior citizen status, and absence of Government service.

Ratio Decidendi: The court considered the completion of investigation, the appellant's senior citizen status, and non-Government service in deciding the surrender and bail conditions.

Final Decision: The appellant was directed to surrender before the Court of competent jurisdiction and granted bail upon surrender with specified conditions.

JUDGMENT

Kurian, J.

Leave granted.

2. The appellant is an accused in Case No.680/2015 corresponding to G.R. No.4839/2015 under Sections 420, 467, 468 and 471 of the I.P.C. We are informed that the investigation has already been completed. We also found from the records that the appellant is a senior citizen, having crossed the age of 65 years. We are also informed that he was never in Government service. We fail to understand as to why the appellant prayed for anticipatory bail in a case where final report has been filed.

3. In the above circumstances, we dispose of this appeal as follows :

The appellant shall surrender before the Court of competent jurisdiction where the final report has been filed, within two weeks from today.

On such surrender, the appellant shall be released on bail on his executing a bond to the tune of Rs. 50,000/- (Rupees Fifty Thousand) with two solvent sureties to the equal amount.

4. The appeal is, accordingly, disposed of.

5. Pending applications, if any, shall stand disposed of.

6. There shall be no orders as to costs.

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