Md. Salim vs State Of Jharkhand

The petitioner has moved before this Court for grant of regular bail in connection with Sakchi P.S. Case No.45 of 2011, corresponding to G.R. No.673 of 2011, registered under Section 498A of the IPC and Section 3 /4 of D.P. Act, which is pending before the Chief Judicial Magistrate, Jamshedpur.

The petitioner was previously granted bail, but his bail was cancelled vide order dated 21.11.2016 and thereafter only on 11.01.2020; he was remanded to the judicial custody.

Learned counsel for the petitioner submits that only on one date i.e. on 21.11.2016 he could not appear before the learned trial court and thereafter, he could not get any information about the proceedings. He further submits that he is in judicial custody since 11.01.20. He further submits that unless he will be released on bail he cannot pay the maintenance amount to the informant as directed in the maintenance case. and he undertakes to pay the arrear within a reasonable period. Learned counsel further submits that he is ready to pay at-least Rs. 50,000/- of the maintenance amount within a period of three months from today.

Learned P.P submits that a provisional bail may be granted subject to the condition of payment of Rs.50,000/- to the informant wife within a period of three months from the date of this order.

Heard learned counsel for the petitioner and learned P.P. for the State.

From the impugned order it appears that the petitioner has misused the privilege of bail and he is also not complying with the order of paying maintenance. The impugned order further transpires that he has filed an affidavit that he shall pay the entire arrears amount of maintenance within a period of one year.

Learned counsel for the petitioner categorically stated before this court that after being released from jail, he will pay at-least Rs.50,000/- within a period of three months.

In view of the aforesaid facts and the arguments adduced by the learned counsel for the parties, let the petitioner is directed to be released on provisional bail for three months from the date of his release, on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamshedpur, in connection with Sakchi P.S. Case No.45 of 2011, corresponding to G.R. No.673 of 2011.

Further, the learned trial court is directed to see as to whether within a period of three months from the date of release of the petitioner he complies the order of this Court otherwise his bail bond will be cancelled.