The High Court of Jharkhand granted anticipatory bail to petitioners facing arrest in a cheating and forgery case arising from a property dispute involving Maharshi Nikhilesh Sewa Sanstha.
Anticipatory bail granted; release on bail bonds of Rs. 10,000 each with two sureties upon surrender/arrest.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2860 of 2014
With A.B.A No. 2861 of 2014 With
A.B.A No. 2862 of 2014
Jyoti Swarup
...… Petitioner
(A.B.A No.2860/14)
Versus
The State of Jharkhand ...… Opposite Party (In three cases)
-------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioners : Mr. Prashant Pallav, Advocate For the State : A.P.P. For the Informant : Mr. Ranjan Kumar Singh, Advocate. -----
6/20.1.2015
These three applications arise out of the same case and as such, they are being disposed of by this common order.
Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the complainant informant.
The petitioners are apprehending their arrests in connection with Pithoria P.S Case No.57 of 2014 corresponding to G.R No.1887 of 2014, for the offence under Sections 406, 420, 467, 468, 471, 323, 120-B of the Indian Penal Code.
The police case was instituted on the basis of complaint case filed by the complainant, from the perusal of which, it appears that there is dispute between the parties for the property which allegedly was purchased in the name of one Maharshi Nikhilesh Sewa Sanstha and alleged to be illegally sold by the petitioners.
The petitioners have brought on record the sale deed of the said property, which shows that the said property was purchased in the personal capacity of the petitioner, Jyoti Swarup and it is the case of the petitioners that it was also sold in the personal capacity of the said petitioner.
Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case and has prayed for anticipatory bail.
Learned counsel for the State as also learned counsel for the complainant informant have opposed the prayer. It is submitted by the learned counsel for the complainant informant that the property belonged to Maharshi Nikhilesh Sewa Sanstha and not to these petitioners.
-2-
In the facts and circumstances of the case, there being property dispute between the parties, I am inclined to grant anticipatory bail to the petitioners, Jyoti Swarup, Alok Kumar Srivastava @ Alok Srivastava, Uma Shankar Singh and Bina Swarup. Accordingly, it is directed that in the event of surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of Sri S.N. Tiwari, learned Judicial Magistrate, Ranchi, or his successor, in connection with Pithoria P.S Case No.57 of 2014 corresponding to G.R No.1887 of 2014, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
( H. C. Mishra, J.)
BS/
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest in a property dispute case.
1 provisions across 1 enactments
Jyoti Swarup
Alok Kumar Srivastava @ Alok Srivastava
Uma Shankar Singh
Bina Swarup
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
