Mukhtar Hassan vs The Union Of India Through Central ...
2023 Latest Caselaw 3978 Jhar

Citation : 2023 Latest Caselaw 3978 Jhar
Judgement Date : 16 October, 2023

Jharkhand High Court

Mukhtar Hassan vs The Union Of India Through Central ... on 16 October, 2023

  IN THE HIGH COURT OF JHARKHAND AT RANCHI

                      Cr. Appeal (SJ) No. 705 of 2023
Mukhtar Hassan                              ... ... Appellant

                                    Versus

The Union of India through Central Bureau of Investigation
                                               ... ... Respondent
                                 ------

CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. Rahul Kumar, Advocate : Ms. Apoorva Singh, Advocate For the Respondent : Mr. Anil Kumar, ASGI : Mr. N.P. Sarthi, AC to ASGI.

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04 /16.10.2023 I.A. No. 9234 of 2023 Heard the learned counsel for the parties. The learned counsel for the appellant has submitted that inadvertently in the 1st paragraph of the instant interlocutory application, the date of provisional bail order has been wrongly mentioned as 29.02.2020 whereas it should be 31.08.2023.

By the instant interlocutory application, the appellant prays for confirmation of the provisional bail granted to him vide order dated 31.08.2023 ( wrongly mentioned in the petition as 29.02.2023) for preferring Cr. Appeal as the appellant has been convicted and sentenced vide judgment of conviction and order of sentence dated 31.08. 2023 passed by the learned Spl. Judge CBI, Ranchi in Case No. RC 10(A)/2001-R.

Counsel for the appellant has further submitted that Cr. Appeal (SJ) No. 705 of 2023 was itself filed on 18.09.2023 and thereafter during the period of the appeal the provisional bail expired on 30.09.2023 and the expiry of provisional bail is totally un-intentional. The period of expiry is also very minor, therefore that may be considered in passing the appropriate orders.

The learned counsel for the respondent has submitted that the period of provisional bail may required to be extended.

Having heard the counsel for the parties, gone through the

records of the case and in the facts and circumstances of the case, the learned court below is directed to extend the period of provisional bail till 11.12.2023. The learned counsel for the appellant shall move in the court below to get the period of provisional bail extended.

Accordingly, I.A. No. 9234 of 2023 is allowed in the aforesaid terms.

(Ratnaker Bhengra, J.) Sharda/