Allowed

Narayan Mandal v. the State of Jharkhand

Jharkhand HC19 Sept 2018A.B.A./1308/2018

Case brief

AI extract

What is this about?

The court modified a settlement agreement where the withdrawal of a criminal case was conditioned on filing an application under Section 482 Cr.P.C. following the execution of a sale deed. Consequently, the petitioners were granted conditional bail to surrender within four weeks.

What did the court decide?

Petitioners granted conditional bail on furnishing a bond of Rs. 25,000 with two sureties to file a Cr.M.P. under Section 482 Cr.P.C. after sale deed execution.

Narayan Mandal Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1308 of 2018

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1.Most. Shishubala Devi

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2.Narayan Mandal 3.Pahelan Mandal @ Palan Mandal …… Petitioners

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Versus

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The State of Jharkhand & Anr …… Opposite Party

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with

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A.B.A. No. 1258 of 2018

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1. Dilip Kumar Mandal 2. Mithun Kumar Mandal …... Petitioners

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Versus

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The State of Jharkhand & anr …... Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. A.K.Sah, Advocate For the State : A.P.P For the O.P.No.2 : Mr. Rupesh Singh, Advocate.

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06/Dated: 19/09/2018

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It appears that on 16.07.2018, I.A.No. 7067/2018 filed stating therein that during pendency of the anticipatory bail application, petitioner no.1, namely, Most. Shishubala Devi died on 29.05.2018, hence prayed for deleting the name of petitioner no.1 from the cause title of ABA No.1308/2018.

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Thereafter, the name of Most. Shishubala Devi was deleted and now ABA No.1308/2018 is only confined to petitioner nos.2 and 3 namely, Narayan Mandal and Pahelan Mandal @ Palan Mandal respectively.

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Further, on 02.08.2018 the matter was referred to Member Secretary, JHALSA, Nyay Sadan, Ranchi.

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Perused the report of Sri P.N.Singh & L.K.Giri, the Mediators dated 15.09.2018, which reveals that the parties have amicably settled their dispute and also drawn the terms of agreement.

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Today, both the parties are physically present before this court and they ascertained their signature put on the agreement.

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According the agreement, parties have agreed as follows :

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(1) Petitioners are agree to accept the agreement arrived between them and the O.P.No.2 for sale of 5.08 Decimal of land of Mouza Aasagi, Thana no. 126, PS RIT, Distt. Seraikell, Kharswan.

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(2) Petitioners have agreed that they have received the total consideration amount of Rs. 30,00,000/- (Thirty lacs) from the O.P.No.2 in advance and they will not demand any further amount for the said

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land.

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(3) Petitioner have agreed that they will provide atleast 10 feet path way to the O.P.N0.2 to reach on the land.

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(4) Petitioners have agreed that for the registration of the said land both the parties will bear the cost of stamp duty.

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(5) Petitioners have further agreed that they will execute the sale deed of the said land and also handover the possession of the land to O.P.No.2 till 12.12.2018

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( 6 ) It is also agreed that the 'Schedule' given the agreement will be followed at the time of execution of sale deed.

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(6) So far Clause (8) is concerned that O.P.No.2 will withdraw the case being G.R.No.1156/2017 arising out of Adityapur P.S.case no. 330/2017 after one week from the date of execution of sale deed, the same is modified to the extent that both the parties will file Cr.M.P. fefore this Court under section 482 Cr.P.C.

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Further, the Member Secretary, JHALSA, Nyay Sadan, Ranchi is directed to remit the Original Agreement arrived between the parties latest by 26.09.2018 to the court.

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Office is directed to communicate the original copy of the Agreement alongwith this order after keeping xerox copy of the same with the file.

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Be that as it may , the above named petitioners ( in both cases) are directed to surrender in the Court below within Four Weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners, on bail, on furnishing bail bond of Rs. 25,000/- (Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of CJM, Seraikella, in connection with Adityapur P.S.case no. 330/2017, G.R.No.1156/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Let a copy of this order be communicated to the trial court and also to the learned counsel for the parties alongwith the copy of agreement.

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( Anant Bijay Singh, J.)

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Raman/

Narayan Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Narayan Mandal v. the State of Jharkhand

Case brief

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