Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1460 of 2023
Sheo Prasad Tanti, aged about 63 years, Son of Late Bhola Panki, Resident of Pandedih, P.O. – Sirsiya, P.S. – Giridih (Town), District – Giridih.
….. Petitioner
Versus
The State of Jharkhand
….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-------- For the Petitioner : Mr. Kamdeo Pandey, Advocate. For the State
: Mr. Pankaj Kumar, P.P.
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Order No. 05/Dated: 02nd January, 2025
1. Petitioner is the informant of the case and Chairman of PACS Committee.
2. It is submitted by learned counsel for the petitioner that the accused persons were granted bail in this case by the Co-ordinate Bench of this Court vide order dated 18.07.2019 and order dated 24.09.2019 (Annexure-2), subject to deposition of amount of Rs. 3,25,281/- and Rs. 4,31,882/- respectively, which has been deposited before the concerned trial court but on application of the petitioner, the amount has not been disbursed in his favour and the learned trial court vide order dated 14.03.2023 (Impugned order) (Annexure-4) has declined to release the amount deposited before it on the ground that the Hon’ble High Court has passed no direction regarding release of the deposited amount in favour of the informant / petitioner. Hence, this petition may be allowed by setting aside the impugned order and the trial court may be directed to release the amount deposited to the petitioner.
3. Learned APP has opposed the submissions made on behalf of the petitioner and has submitted that the petitioner has not taken proper re-course for modification of orders passed by Hon’ble High Court while granting bail to the accused person of this case. This petition is not maintainable and this Court cannot interfere in the original bail order passed by Co-ordinate Bench of this Court.
4. Considering the aforesaid facts and circumstances of the case, the proper recourse is open to the petitioner is to pursue his remedy by way of modification of the conditions imposed while granting bail to the accused persons of this case. This Court cannot grant any fresh blanket direction in favour of the petitioner. Therefore, this application is not entertainable and accordingly, dismissed.
5. Petitioner shall be at liberty to take proper recourse before the proper forum.
(Pradeep Kumar Srivastava, J.) Sunil/