MOHAN PRASAD RATHORE Vs. STATE OF JHARKHAND
LAWS(JHAR)-2011-3-108
HIGH COURT OF JHARKHAND
Decided on March 23,2011

MOHAN PRASAD RATHORE Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE petitioner is in custody in connection with the case registered under Sections 409/466/468/471/477(A) IPC and Section 5(2) of the P.C Act.
(2.) LEARNED counsel for the petitioner submitted that the petitioner has been falsely implicated in this case; he is a retired Government Officer and is an ailing person; even if the entire allegation made in the F.I.R is taken as it is, no offences under the alleged Sections are constituted against the petitioner; the petitioner had got no concern with the transaction at the relevant time; the allegations are vague and omnibus; the petitioner was granted anticipatory bail as far back as in the year 1983 in Cr. Misc. No. 2541/1983(R); the petitioner was under impression that he was not required to surrender; when he came to know about the same, he voluntarily surrendered in the Court below; the case is more than two decades old; the petitioner shall take trial and appear before the Court below as and when required. Learned A.P.P opposed the petitioner's prayer for bail and submitted that in spite of the order of this Court, he did not surrender before the Court below for a long period. However, learned A.P.P has not disputed the other factual contentions submitted by learned counsel for the petitioner. Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st, Dhanbad in connection with Bokaro (Bermo) P. S. Case No. 17/1983, corresponding to G. R. No. 255/1983, subject to the condition that he shall physically appear in the Court below on all the dates as and when his personal appearance is required in the case.;


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