Single-judge order in bail petition. Court accepted petitioner was not the misappropriator and granted bail on bond with sureties for offences under Sections 406 and 420 IPC.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each.
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 B.A. No. 1757 of 2018
Sunil Mahto @ Sunil Kumar Mahto …......... Petitioner(s). Versus
The State of Jharkhand
-----CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----For the Petitioner(s) :Mr. Ajit Kumar, Advocate. For the State :A.P.P.
04/13.03.2018:
Heard the learned counsel for the petitioner(s).
The petitioner is an accused for the offence under Sections 406 and 420 of the Indian Penal Code.
It is alleged that on inducement of this petitioner, the informant had deposited Rs.75,600/- in installments with Pan Card Club Member Ltd. to get higher return, but the amount has not been returned to the informant and the same has been misappropriated.
Counsel for the petitioner submits that the petitioner is an agent and not the Director nor the official of the company. He further submits that there is no allegation leveled against the petitioner that he is the person, who has misappropriated the aforesaid money.
Learned A.P.P opposes the prayer for bail of the petitioner but has not controverted the aforesaid facts.
In view of the aforesaid facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, namely, Sunil Mahto @ Sunil Kumar Mahto, 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 learned Judicial Magistrate, 1st Class, Ramgarh, in connection with Gola P.S. Case No. 06 of 2018, corresponding to G.R. No. 41 of 2018.
(ANANDA SEN , J.)
Anu/-C.P.-3
1 issue framed by the court
Whether the petitioner, accused for offences under Sections 406 and 420 IPC, is entitled to release on bail pending trial.
Sunil Mahto @ Sunil Kumar Mahto
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
