Shrey Kumar @ Shrya Kumar vs State of Jharkhand And Ors

Heard the parties through video conferencing.

This criminal miscellaneous petition has been filed by the petitioner with a prayer for modification of the order dated 04.12.2019 passed in A.B.A. No.6733 of 2019.

It is submitted by the learned counsel for the petitioner that vide order dated 04.12.2019 passed in A.B.A. No.6733 of 2019, the petitioner was directed to surrender before the court below within four months but the petitioner due to pandemic arising out of COVID-19 the petitioner could not arrange the local bailer at Dhanbad, hence, he could not surrender within the stipulated time. It is next submitted that the petitioner is ready and willing to surrender before the learned court below and unless six weeks' extension is granted to the petitioner, the petitioner will be highly prejudiced. It is also submitted that the petitioner will deliver the car in running condition with all its documents on any working day before 01:00 pm in the court of Chief Judicial Magistrate, Dhanbad with prior notice to the opposite party No.2 and her counsel at Dhanbad. It is next submitted that due to non-availability of bailer at Dhanbad the order dated 04.12.2019 passed in A.B.A. No.6733 of 2019 be modified to the extent that the instead of sureties, the petitioner be enlarged on bail upon furnishing personal bond and depositing cash security of Rs. 25,000/- along with the revalidated demand draft of Rs.31,00,000/-, delivering the car in running condition with all its documents and time for the petitioner to surrender in the learned court below be extended by six weeks from the date of date of this order. Hence, it is submitted that order dated 04.12.2019 passed in A.B.A. No.6733 of 2019, be modified accordingly.

Learned Addl. P.P. appearing for the State as well as learned counsel for the opposite party No.2 have no objection.

Considering the aforesaid submission of the learned counsel for the petitioner, the order 04.12.2019 passed in A.B.A. No.6733 of 2019 is modified to the extent that the petitioner will enlarged on bail upon his surrendering with prior notice to the opposite party No.2 and her counsel at Dhanbad, within six weeks from the date of this order in the trial court on depositing the revalidated demand draft of Rs.31,00,000/-, delivering the car in running condition with all its documents and furnishing the personal bond as well as cash security of Rs.25,000/- and time for the petitioner to surrender in the learned court below is extended by six weeks from the date of date of this order.

In case the petitioner deposits the demand draft and the car in running condition with all its documents, the trial court will hand over the same to the opposite party no.2 on the same day of deposit if the opposite party no.2 would be present in court or upon notice to her, in case she is not present.

The order dated 04.12.2019 passed in A.B.A. No.6733 of 2019 is modified to the aforesaid extent only.

This criminal miscellaneous petition is disposed of accordingly.