Basanti Devi vs. State Of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P.No. 2358 of 2012

CORAM: THE HON'BLE MR. JUSTICE D.N.UPADHYAY

For the Petitioner: Mr. Anil Kumar Sinha, Advocate. For the State: A.P.P. ----------

02/ 07.11.2012 It is submitted that the order dated 13.09.2012 passed in A.B.A.No. 2571 of 2012 by which petitioner no.2-Basanti Devi has been directed to surrender before the court-below within a period of three weeks and on such surrender she was to be released on bail but the copy of the said order has not been received through 'FAX' in the court-below though concerned Section of the High Court has given note on the back of the order that the order has been sent on 15.09.2012 through 'FAX'.

Due to above reason, the petitioner could not surrender in time. The order-sheet dated 4.10.2012 of the court-below indicates that hard copy has been received but till then the period of surrender was already lapsed. Under such circumstances, fortnight time is given to the petitioner to surrender before the courtbelow and on such surrender she shall be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of like amount each to the satisfaction of the Civil Judge (Junior Division)-I, Koderma in connection with Complaint Case No. 775 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The order dated 13.09.2012 is modified to the extent indicated above.

Accordingly, this Cr.M.P. stands disposed of.

However, the Fax Section is directed to furnish explanation as to why the confirmation slip is not tagged with the record to show that the order was sent through 'FAX' on 15.09.2012.

Explanation must be submitted till 31st November, 2012.

Communicate this order through 'FAX' on the cost deposited by the petitioner.

[D.N.Upadhyay,J.]

P.K.S.