Devilal alias Devendra Das v. The State of Jharkhand

For the Petitioner : Mr. Purnendu Kr. Jha, Advocate For the State : Mr. Md. Hatim 2 / 08.11.2012 Office has pointed out some defects. ---- The said defects are ignored. Counsel for the petitioner has submitted that by his bonafide mistake, he could not mentioned the actual number of the case. He has further submitted that in Godda (T) P.S. Case No.385 of 2011, corresponding to G.R. No.1194 of 2011, the police has submitted the final form, but, thereafter, the complainant has submitted a protest petition and on the basis of that protest petition, P.C.R. case has been registered and the number is, instead of the aforesaid number, it is numbered as P.C.R. No.763 of 2011, but, this fact, the petitioner could not mention in his earlier bail application i.e. A.B.A. No.2190 of 2012 due to some mistake. It is also submitted that due to this confusion in the number of the case, the petitioner could not surrender before the trial court according to the directions given in the A.B.A. No.2190 of 2012 vide order dated

15.10.2012. Mr. Jha, learned counsel appearing for the petitioner has also pointed out that in his bail application, he has mentioned this fact in paragraph -6 of his said application, but, he, by his bonafide mistake, did not mention the said number in the prayer portion of the application or paragraph 1 of the said application. Counsel for the State has opposed and submitted that the petitioner, though was knowing very well the number of the case, but, he did not mention the case number in his earlier application. Considering the submissions made by both the parties, I direct both Cr. M.P.No. 2395 of 2012 the petitioners, above named, to surrender before the trial court within a period of one month from the date of this order in connection with the P.C.R. Case No.763 of 2011, which has been arisen from Godda (T) P.S.Case No.385 of 2011, corresponding to G.R. No.1194 of 2011. If the petitioners surrender before the trial court within the said period, the trial court is directed to release both the petitioners namely Devilal alias Devendra Das and Dinesh Dash on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Godda, in connection with P.C.R. Case No.763 of 2011 arising out of Godda (T) P.S.Case No.385 of 2011, corresponding to G.R. No.1194 of 2011, subject to the conditions that one of the bailors will be close relative of the petitioners having immovable property within the jurisdiction of the district concerned and subject to the conditions laid down under Section 438(2) Cr.P.C. Counsel for the petitioners will deposit the cost of the fax to communicate this order to the court concerned. SI/ ( Jaya Roy, J. )