Sunny Kumar Jaiswal and Others vs State of Jharkhand

Jaya Roy, J.—The petitioners have filed this application for modification of the order dated 30.4.2012 whereby at the time of granting anticipatory bail to the petitioner, some condition has been imposed i.e. all the petitioners will remain physically present before the trial Court at least once in a month on the date fixed for trial till the conclusion of the trial by the order dated 30.4.2012 passed in A.B.A. No. 794 of 2012. Counsel for the petitioner has submitted that all the petitioners appeared before the trial Court regularly once in a month as per the directions of this Court till October, 2012. It is also submitted that the petitioner Nos. 3 and 4 namely Mukesh Kumar Jaiswal and Geeta Devi are residing at Siliguri District-Darjeeling, so it is difficult for them to come every month from Siliguri to Deoghar which is practically at a distance of 632 K.Ms.

The State counsel has submitted that the petitioner Nos. 3 and 4 are residing in another State so for their non-appearance, the Trial may be delayed.

Considering the submissions made by both the parties, I hereby modify the aforesaid order dated 30.4.2012 passed in A.B.A. No. 794 of 2012 to the extent that instead of ''once in a month'', ''the petitioner Nos. 3 and 4 namely Mukesh Kumar Jaiswal and Geeta Devi will appear before the trial Court whenever the trial Court feels necessary for their appearance in the Court'', and for the rest of the petitioners i.e., the petitioner Nos. 1, 2 and 5, the order will remain same. However, the trial Court is also directed to conclude the trial as early as possible.

From the record, I find that another co-accused who has been granted anticipatory bail on some condition namely Pinki Devi is not appearing in the trial Court.

The trial Court is further directed to file a report within a period of two weeks from the date of the receipt of this order, regarding whether the said co-accused is appearing before the trial Court according to the conditions mentioned in the order dated 30.4.2012 passed in A.B.A. No. 794 of 2012 or not. The Court below will also report as to whether she has surrendered or not.

If the report is received, the office is directed to put up the said report before this Court even after the disposal of the case, under the heading ''For Orders''.

With the aforesaid directions, this Cr. M.P. is disposed of. The office is directed to communicate this order through ''Fax'' to the Court concerned.