This is a one-line order dismissing an anticipatory bail application filed by Uttam Kumar Sinha. The single-judge bench held that the matter could not be entertained and dismissed the prayer without engaging in substantive reasoning.
Prayer for grant of anticipatory bail is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1866 of 2014 Uttam Kumar Sinha ... ... Petitioner Versus The State of Jharkhand ... ... Opposite Party
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Anil Kr. Sinha, Advocate For the State : A.P.P. -----
02/05.08.2014 An urgency slip was filed by the counsel for the applicant and therefore, the matter has been listed today.
Heard the learned counsel appearing for the parties and
perused the documents on record.
The applicant is apprehending his arrest in connection with Barhi P. S. Case No. 381 of 2013, corresponding to G.R. No. 4301 of 2013, registered under Sections 414/420/ 467/ 468/ 471/34 the I.P.C.
The learned counsel appearing for the applicant submits that the applicant is the owner of the truck bearing no. JH 095-5295 on which the coal which was genuinely purchased by the applicant was loaded. A valid challan was issued from the office of the coal company and thus it cannot be said that the applicant intended to cheat any one. It is further submitted that the applicant was not present at the place of occurrence and only on the allegation that the said coal was intended to be transported to a place outside the state of Jharkhand, the present case has been lodged against the applicant.
Referring various paragraphs of the counter-affidavit filed on behalf of the State, the learned A.P. P. opposes the prayer for grant of anticipatory bail.
It is stated that at the place of occurrence several persons were arrested and a lap top was also seized from which fake challans for transportation of coal outside the State of Jharkhand were prepared. The documents which were seized were sent for verification and the office of the coal company has though accepted the genuineness of the challan, which was issued for transportation of the coal within the State of Jharkhand, the other papers including the
challan, indicating transportation of coal from outside the State of Jharkhand, have not been found genuine.
In view of the aforesaid, I am not inclined to entertain this anticipatory bail application and accordingly, it is dismissed.
Let a copy of this order be sent through 'FAX' to the concerned Trial court.
(Shree Chandrashekhar, J.)
Satyarthi/-
2 issues framed by the court
Whether an anticipatory bail application should be entertained when the applicant apprehends arrest in a cheating case involving coal transportation fraud.
Whether the genuineness of seized documents and challans were sufficient to deny the grant of anticipatory bail in the facts of this case.
1 provisions across 1 enactments
Uttam Kumar Sinha
The State of Jharkhand
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
