SURESH KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Anticipatory bail application filed by petitioner, Suresh Kumar Sharma is moved by Sri Niladri Shekhar Mukherjee, counsel for the petitioner and opposed by Sri H.K. Shikarwar, Additional P.P.

(2.) It is submitted that the said vehicle bearing Registration No. JH- 10J/ 1842 was given to one Md. Ahsan Ansari. It is further submitted that the petitioner has filed an application before the C.J.M., Dhanbad for release of the vehicle and the said vehicle was ordered to be released in his favour. It is then submitted that thereafter petitioner appeared before the police station and got the vehicle released in his favour on the strength of order of C.J.M., Dhanbad. Thereafter, charge sheet submitted. But, the petitioner has not been sent up for trial. After submission of charge sheet, the present I.O. filed a petition before the court for issuance of warrant against the petitioner alleging that he is evading his arrest. Since, the petitioner had appeared before the police station for release of vehicle in his favour, therefore, it cannot be said that he is evading his arrest.

(3.) Considering the aforesaid facts and circumstances of the case, I direct the petitioner, above named, to surrender in the court below within fifteen days from today. If the petitioner surrenders by that time, learned court below is directed to enlarge him on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Baliapur P.S. Case No. 54 of 2009 corresponding to G.R. No. 1825 of 2009, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.