Allowed

Sharad Poddar v. the State of Jharkhand

Jharkhand HC13 Mar 2019A.B.A./105/2019

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a non-bailable offence case involving cheating and electricity tampering. The court allowed bail subject to a monetary bond, cooperation with investigation, and appearance before the investigating officer.

What did the court decide?

Granted privilege of anticipatory bail, with condition to surrender within four weeks and furnish bail bond of Rs. 25,000 with two sureties upon arrest or surrender.

Sharad Poddar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 105 of 2019

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Sharad Poddar … Petitioner Versus 1. The State of Jharkhand 2. Sri Dhirendra Kumar … Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Rajiv Ranjan, Sr. Advocate : Ms. Sweta Rani, Advocate : Mr. Shashi Kant Mishra, Advocate For the State : Addl. P.P. For the JUVNL : Mr. Nilesh Kumar (S.S.C) : Mr. Suraj Kr. Verma (S.C.) ------

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Order No.06 Dated- 13.03.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Dhalbhumgadh P.S. Case No.43 of 2017 (G.R. No. 363 of 2017) registered under sections 420/120B of the Indian Penal Code and under section 135 & 138 of the Electricity Act, 2003.

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Heard the parties.

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The Learned Senior Advocate appearing for the petitioner submits that the informant is in the habit of lodging false cases against the petitioner and he has also been implicated the petitioner in two other cases also which are pending. It is further submitted by the Learned Senior Advocate appearing for the petitioner that consequent upon lodging of this F.I.R., the petitioner filed W.P.C. No. 5966 of 2017 and order was passed in that case for making provisional assessment and consequent upon that the provisional assessment has been made by scaling down the dues claimed by the informant and as per the order of a coordinate Bench of this Court, 50% of the amount was paid by the company of which the petitioner is the Director and electricity connection has been restored and thereafter the remaining amount has also been paid by the company as well as the current bills are being paid by the company. It is next submitted that the allegation

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against the petitioner are false and the petitioner is ready and willing to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. assisted by the learned counsels for the J.U.V.N.L. opposes the prayer for grant of anticipatory bail and submits that the petitioner is also involved in six different cases of theft of electricity but all the cases are pending.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released 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 learned Special Judge (Electricity offences)-cumSessions Judge-II, Jamshedpur, in connection with Dhalbhumgadh P.S. Case No.43 of 2017 (G.R. No. 363 of 2017) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Sharad Poddar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sharad Poddar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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