SANTOSH CHOURASIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ANTICIPATORY bail application filed by petitioners Santosh Chourasia alias Modi and Basant Modi in connection with Mohanpur P.S. Case No. 109 of 2000 (G.R. No. 417 of 2000, S.C. No. 282 B of 2000, is moved by Sri. P.P.N. Roy, Sr. Advocate and opposed by Sri Shekhar Sinha, learned Additional P.P. Admittedly petitioners are not named in the FIR. However, it appears that petitioners were asked to face trial as per provision contained under section 319 of the Code of Criminal Procedure as some of the witnesses, namely, P.Ws. 2, 3 and 5 took the name of petitioners as culprit of the present case along with accused Prikshit Modi who was facing trial in the court below. It appears that the aforesaid order under Section 319 of the Cr.P.C. has been passed on 23 -4 -2007 and non -bailable warrant of arrest issued against the petitioners. Since non -bailable warrant had not been executed, the case of petitioners split up from the aforesaid co -accused and separate sessions trial bearing S.C. No. 282 -B of 2000 instituted against the petitioners. It further appears from Annexure -4 that due to non -appearance of petitioners, process under Sections 82, 83 of Cr.P.C. issued against them vide order dated 24 -7 -2012, then the present application filed for anticipatory bail.

(2.) AS it appears from the order sheet that the petitioners were avoiding their arrest from the year 2007, therefore, I am not inclined to enlarge them on anticipatory bail. Accordingly, the present anticipatory bail application rejected. However, I direct the petitioners to surrender in the court below by 10 -04 -2013 and pray for regular bail. If petitioners surrender by that time, the court below will consider their bail application, if possible on the same day, specially taking into account that one of the accused, namely, Prikshit Modi, has already been acquitted by it after considering the evidence of P.Ws. 2, 3 and 5.