Manoj Kumar Sood And Ors vs State Of Jharkhand

Heard, learned counsel for the petitioners, Mr. Suraj Singh. Learned counsel for the petitioners has submitted that defect nos. 8 & 9 (i) to (iv), as per

Stamp Reporting dated 10.12.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and has

prayed that the instant criminal miscellaneous petition may be heard, as it is a petition for modification of order by which, petitioners have been granted

bail.

Considering the same, this Court is inclined to hear the instant criminal miscellaneous petition on merits, but with condition that petitioners shall remove

the defect(s) within 30 days after the physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).

Learned counsel for the petitioners has submitted that the instant criminal miscellaneous petition has been filed to modify the condition no. (iii) & (iv)

of order dated 27.07.2020 passed in B.A. No. 4646/2020, whereby this Court has granted provisional bail to both the petitioners in connection with

Balidih P.S. Case No. 206/2019 corresponding to G.R. No. 376/2020, for the offence registered under Sections 406, 420, 506 & 34 of the Indian Penal

Code.

Learned counsel for the petitioners has submitted that the petitioners have been granted provisional bail on the condition that petitioners shall deposit

Rs. 53,60,000/- by way of bank draft before the learned trial court in the name of informant and the trial court shall release the same after obtaining an

affidavit from the informant. Parties are at liberty to amicably settle their dispute. If the amount of Rs. 53,60,000/- is paid within a period of 60 days

from the date of provisional bail, the same shall be made absolute.

Learned counsel for the petitioners has submitted that before release of the petitioners on provisional bail the trial court has directed the petitioners to

deposit Rs. 53,60,000/-, which is apparent error in understanding of the condition no. (iv) passed by this Court by the learned court below, as such, it

may be modified.

Subsequently, learned counsel for the petitioners has submitted that condition no. (iii) i.e. another bailor shall be Government Servant / father of one of

the petitioners, could not be complied by the petitioners as they are resident of Himachal Pradesh and father of both the petitioners have died as they

are themselves very aged person. They cannot arrange Government Servant. However, one of the Assistant Professor in Department of Hindi, being

employed at Ghatshila College namely, Ravi Ranjan Kumar, son of Narendra Kumar, resident of Kishore Enclave, Patel Nagar, Near Patel Chowk,

Harmu Housing Colony, Ranchi is ready to furnish bail bonds on behalf of these two petitioners, as such, the order may be modified, so that the order

granting bail by this Court may be executed by the court below.

Learned counsel for the State, Ravi Prakash, Additional Public Prosecutor has opposed the prayer.

Learned counsel for the informant, Mr. Indrajit Sinha has submitted that he has already filed Vakalatnama on behalf of the informant in the drop box

Yesterday i.e. on 17.12.2020 itself.

Learned counsel for the informant has further submitted that this bailor is not a Government Servant, rather he is a Assistant Professor. Apart from

that he is also accused in Chas P.S. Case No. 340/2019 and being an accused, he cannot stood as a bailor for these two petitioners, who are resident

of Himachal Pradesh, as such, the modification with regard to condition no. (iii) may not be allowed.

Considering the rival submission of the parties, looking into condition no. (iv) of the order dated 27.07.2020, it appears that the court below should not

have any confusion in the mind as once these two petitioners are released on provisional bail, they will file bank draft of nationalized bank of Rs.

53,60,000/- within 60 days of their release on provisional bail.

So far condition no. (iii) is concerned, it appears that father of these petitioners are not surviving as on today and petitioners are resident of Himachal

Pradesh and they are not able to provide Government servant as bailor, but certainly a person, resident of Jharkhand, Ranchi working at Ghatshila

College, namely, Ravi Ranjan Kumar, Assistant Professor can stands as a bailor though, he has criminal antecedent, but that cannot debar a person

from standing as a bailor and such criminal cases has not conclusive till conviction.

Considering the same, both the conditions are accordingly modified, but with condition that this bailor shall cooperate with the court by informing about

the petitioners' location for 60 days, during which the petitioners shall be released on provisional bail. If the amount is not deposited within 60 days of

release on provisional bail by the petitioners, both the petitioners must appear before the court below on 60th day from the date of release.

Accordingly, the instant Cr.M.P. is allowed with aforesaid modification.

Let a copy of order be communicated through 'FAX' in course of the day.