Santosh Swarnkar vs The State of Jharkhand

D.N. Patel, J.—The present application has been preferred under Sections 439 and 440 of the Code of Criminal Procedure in connection with the offence registered with Katras P.S. Case No. 322 of 2009 corresponding to G.R. No. 4622 of 2009 (S.T. No. 412 of 2010) for the offences punishable u/s 392 of the Indian Penal Code, pending in the Court of learned Additional Sessions Judge, (F.T.C.-II), Dhanbad.

Having heard learned Counsel for both sides and looking to the evidences collected during course of investigation, it appears that the name of the present applicant has been given by co-accused and that except there is no other evidence on record. Moreover, the person, who has given the name of the present Petitioner has also been enlarged on bail. Even the present Petitioner has also been enlarged on bail in other three cases of similar nature. The present Petitioner is in custody since 7th April 2010.

In view of this submission, I hereby enlarge the Petitioner, named above, on bail in connection with the offence registered with Katras P.S. Case No. 322 of 2009 corresponding to G.R. No. 4622 of 2009 (S.T. No. 412 of 2010), on his executing a bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of the lower court (Additional Sessions Judge, Fast Track Court-II, Dhanbad) and subject to the conditions that he shall:

(a) not take undue advantage of his liberty or abuse his liberty;

(b) not act in a manner injurious to the interest of the prosecution;

(c) maintain law and order;

(d) shall mark his presence before Katras Police Station on every first day of English Calender month between 9.00 a.m. to 2.00 p.m.;

(e) not leave the State of Jharkhand without the prior permission of the Court concerned;

(f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of the court;

(h) surrender his passports, if any, to the lower court within a week.

If breach of any of the above conditions is committed, the court below concerned will be free to issue warrant or to take appropriate action in the matter.

Bail Application is allowed and disposed of.