Petitioners claimed anticipatory bail in a matter registered under IPC 420 and Jharkhand Apartment Act, alleging a settlement with the O.P.: No. 2 was reached. The court rejected the prayer as the petitioner failed to pay the first installment of the agreed settlement amount.
Prayer for anticipatory bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1961 of 2018
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
--------- For the Petitioner : Mrs. J. Tripathy, Advocate. For the State : A.P.P. For the O.P.No.2 : Mr. Shankar Lal Agrawal, Adv. ---------
05/Dated: 09/10/2018
The petitioners are apprehending their arrest in connection with the case registered under Sections 420 of the IPC and Section 17(2) of Jharkhand Apartment(Building) Ownership Act.
It appears that the matter was referred to the JHALSA for reconciliation and the parties have entered into an agreement to settled their issues and the petitioner agreed to pay Rs.45,00,000/- to the O.P.No.2, out of which he has already paid Rs.5,00,000/- and will paid Rs.8,00,000/- as first installment on 28.09.2018.
Learned counsel for the O.P.No.2 has submitted that the petitioner has not paid the first installment.
In view of the fact that the petitioner has failed to comply the agreement arrived at between them before the JHALSA, I am not inclined to admit the above named petitioner on anticipatory bail.
Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anant Bijay Singh, J.)
fahim/
1 issue framed by the court
Whether a petitioner who failed to comply with a settlement agreement at a reconciliation forum should be granted anticipatory bail.
Pawan Singh
Atul Kumar Singh
Tilak Dhari Singh
Rajesh Singh
The State of Jharkhand
Anr.
Anant Bijay Singh
Shankar Lal Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
