Allowed

Manmohan Verma v. The State Of Jharkhand

Jharkhand HC13 May 2015A.B.A./1151/2015

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted bail to the petitioner (landlord) who is a party in a case filed against the complainant (developer). The petitioner was directed to surrender and furnish a bond to be released on bail subject to cooperating with the sale deed execution.

What did the court decide?

Petitioner directed to surrender within two weeks, release on bail on bond of Rs. 10,000 with two sureties, undertaking to cooperate in execution of sale deed.

Manmohan Verma Vs The State Of Jharkhand — Contract and Commercial Disputes | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1151 of 2015

Manmohan Verma

…… Petitioner

Versus

The State of Jharkhand …… Opposite Party

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--------- CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY

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--------For the Petitioner : Mr. Indrajit Sinha, Advocate For the Complainant : Mr. M.B. Lal, Advocate For the State : A.P.P. Order No.01 Dated : 13^th May, 2015

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Heard learned counsel for the parties.

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It is alleged that the petitioner, who happens to be landlord, has cheated the complainant, who is developer, by not giving correct details of the property. As a matter of fact, the property was mortgaged with State Bank of India. Due to the reasons stated above, the complainant could not get good prospective buyer.

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It is submitted that petitioner has lodged Dhanbad (Seraidhela) P.S. Case No.924 of 2011 against the complainant when he had started selling the plots which were likely to be allotted to petitioner. In that very case, after giving certain undertaking, the complainant has been granted bail by order dated 07.01.2013 passed in connection with A.B.A. No.264 of 2012. Now he has raised objection against grant of bail to the present petitioner.

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Learned counsel appearing for the Complainant has opposed the prayer for bail and submitted that redemption of the property from mortgage has not duly been informed.

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Since the complainant has been granted anticipatory bail in a case which was lodged by the petitioner, I think, if the complainant shall abide by the terms and conditions and the undertaking given by him, no dispute will arise. In that view of the matter, above named petitioner is directed to surrender before the Court below within a period of two weeks from today and on such surrender he is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Chief Judicial Magistrate, Dhanbad in connection with C.P. Case No.2307 of 2013 with the condition that petitioner shall furnish an undertaking that he shall cooperate with the complainant in execution of sale deed in view of prospective purchaser, barring the land allotted to his share and he shall sign all the required documents needed for the sale of flats constructed and subject to the conditions laid down under Section 438(2) Cr.P.C.

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(D. N. Upadhyay, J.)

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NKC

Manmohan Verma v. The State Of Jharkhand

Case brief

What is this about?

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Manmohan Verma v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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