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2025 DAILYLAW 12359 (JHR)

ASFAK KHAN ALIAS ASHFAK KHAN v. THE STATE OF JHARKHAND

Cr.M.P./1226/2025 · 2025-06-13

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:15537 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 1226 of 2025 ------ Asfaq Khan @ Ashfak Khan, aged about 37 years, son of Mamoon Rashid, resident of Lohsinghna, Okni, P.O. & P.S. Sadar, District –Hazaribagh. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sourav Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl. P.P. ------ Order No.02 Dated- 13.06.2025 Heard the parties. This criminal miscellaneous petition has been filed under section 528 of the B.N.S.S., 2023 by the petitioner with a prayer for modification of the order dated 06.02.2018, passed in A.B.A. No. 6126 of 2017. It is submitted by the learned counsel for the petitioner that vide order dated 06.02.2018, passed in A.B.A. No. 6126 of 2017, the petitioner was directed to surrender before the court below within four weeks but due to paucity of money and financial constraints was unable to arrange the surety amount within the stipulated time, hence he could not surrender within the stipulated time. It is next submitted that the petitioner has collected money and has prepared the demand draft of Rs.5,000/-, a copy of which is annexed as Annexure-2 at page no.14 of the brief. Hence, it is submitted that time to surrender before the court below in terms of the order dated 06.02.2018, passed in A.B.A. No. 6126 of 2017 be extended for six weeks from the date of this order. Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for extension of time for the petitioner to surrender in the court below in terms of the order dated 06.02.2018, passed in A.B.A. No. 6126 of 2017 is allowed. Hence, the petitioner is directed to surrender before the court below “within six weeks from the date of this order in terms of the order dated 06.02.2018, passed in A.B.A. No. 6126 of 2017”. The order dated 06.02.2018, passed in A.B.A. No. 6126 of 2017 is modified to the aforesaid extent only. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Sonu-Gunjan/