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2025 DAILYLAW 4520 (JHR)

SIKRAM MAHATO v. THE STATE OF JHARKHAND

Cr.M.P./786/2025 · 2025-04-11

Pradeep Kumar Srivastava

body2025

Judgment text

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2025:JHHC:11313 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 786 of 2025 Sikram Mahato, S/o Vinod Mahato, Aged about 37 years, R/o Tolla- Pathragoda Bhuli Basti, P.O. – Bhuli, P.S.-Bhuli, District – Dhanbad. ….. Petitioner Versus 1. The State of Jharkhand 2. Md. Asaf Ali, S/o Shaukat Ali, R/o By Pass Road, P.O. – B- Polytechnic, P.O. + P.S. – Bank More (Bhuli O.P.), District – Dhanbad. ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Mahavir Pd. Sinha, Advocate. For the State : Mr. Manoj Kumar Mishra, A.P.P. --------- Order No. 02/Dated: 11th April, 2025 1. The instant criminal miscellaneous petition has been filed for extension of period of surrender of the petitioner before the court below. 2. Learned counsel for the petitioner has submitted that the petitioner has been granted anticipatory bail in terms of order dated 21.03.2024 passed in A.B.A. No. 4508 of 2023 by this Court and he was directed to surrender before the court concerned within a period of four weeks from the date of passing of order. 3. Learned counsel for the petitioner has further submitted that the petitioner could not surrender within the stipulated time due to his illness and photocopy of outdoor patient slip of the petitioner has been annexed as Annexure-1 to the memo of the instant criminal miscellaneous petition. There is genuine and reasonable ground for extension of period of surrender before the concerned trial court. 4. Learned Additional P.P. has opposed the prayer and has submitted that there is no reasonable ground shown by the petitioner for extension of period of surrender before the concerned trial court. 2025:JHHC:11313 5. It appears from the OPD slip of Sadar Hospital, Dhanbad that the registration was made on 23.03.2024. There was complaint for some body ache and petitioner was advised for one month bed rest. No certificate of the Doctor has been annexed with the report. It further appears that on 28.04.2024 again the petitioner was examined by the Doctor and was advised for further one month’s bed rest. Thereafter, the petitioner again visited the Doctor on 10.07.2024, but no specific ailment is apparent from the said medical paper. The present application was filed in January, 2025. Therefore, it appears that there is no sufficient ground to believe that petitioner was prevented from appearing before the concerned trial court having with reasonable cause. 6. Considering the same, the instant criminal miscellaneous petition is dismissed. (Pradeep Kumar Srivastava, J.) Sunil/