Allowed

Abhijit Kanti Dam v. The State Of Jharkhand Through Cbi

Jharkhand HC21 Oct 2014A.B.A./1520/2014

Case brief

AI extract

What is this about?

The High Court at Ranchi granted anticipatory bail to the petitioner under Sections 438 and 440 CrPC, directing his surrender within three weeks and bail conditions in the trial court, noting the loan amount had already been paid to the bank.

What did the court decide?

Anticipatory bail granted; directed to surrender within three weeks and furnish a bail bond of Rs. 10,000 with two sureties.

Abhijit Kanti Dam Vs The State Of Jharkhand Through Cbi — Cheque Dishonour | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1520 of 2014

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Abhijit Kanti Dam ... ... … Petitioner Versus The State of Jharkhand through C.B.I. ... ... ... Opposite Party

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CORAM : HON'BLE MR. JUSTICE RAVI NATH VERMA

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For the Petitioner : Mr. Indrajit Sinha, Advocate For the C.B.I. : Mr. Mokhtar Khan, A.S.G.I. -----------

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03/21.10.2014 The sole petitioner- Abhijit Kanti Dam apprehending his arrest in connection with R.C. Case No.6(S)/2010-AHD-R for the alleged offence under Sections 420/467/468/471 of the Indian Penal Code pending in the court of Sub Divisional Judicial Magistrate, Dhanbad has moved this Court under Sections 438 and 440 of the Code of Criminal Procedure for grant of privilege of anticipatory bail.

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Heard learned counsel appearing for the petitioner as well as learned A.P.P. appearing on behalf of the State.

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Petitioner has been made accused in this case being one of the Director of Sai Healthways (Incorp) Pvt. Limited. It is alleged in the F.I.R. lodged by the C.B.I. that the petitioner along with other co-accused persons entered into the criminal conspiracy and on the basis of forged and fabricated documents induced the officers of Katrasgarh Branch of Allahabad bank to sanction term loan of Rs. 1,80,00,000/- with cash credit limit of Rs. 15 lacs.

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Learned counsel for the petitioner submitted that immediately after the forgery came to the knowledge of the petitioner, the accused persons also offered for changing the collateral security documents and even thereafter, the entire loan amount had been paid to the Bank. It was also submitted that there was no malafide intention of the petitioner and other co-accused persons.

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Learned counsel for the C.B.I. though opposed the prayer but fairly submitted that the loan amount has already been paid to the bank.

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In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner- Abhijit Kanti Dam is directed to surrender in the court below within three weeks from today and in the event of his arrest/surrender, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Dhanbad subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Petitioner is further directed to submit his Passport in court concerned.

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Anit

Abhijit Kanti Dam v. The State Of Jharkhand Through Cbi

Case brief

What is this about?

What did the court decide?

Abhijit Kanti Dam v. The State Of Jharkhand Through Cbi

Case brief

What is this about?

What did the court decide?

What the court decided

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