Allowed

Sishir Ghosh Alias Sisir Ghosh Alias Shishir Ghosh Danda Pat Alias Shishir Ghosh Dhanpat v. the State of Jharkhand

Jharkhand HC7 May 2019A.B.A./13/2019

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in Chandil P.S. Case No. 105 of 2017 for offences under IPC Sections 467, 468, 471, 420, and 34. The Court found the dispute civil in nature, granted bail upon cooperation and surrender within four weeks.

What did the court decide?

Anticipatory bail granted; petitioner to be released on furnishing bond of Rs. 25,000 with two sureties on surrender within four weeks.

Sishir Ghosh Alias Sisir Ghosh Alias Shishir Ghosh… — Cheating and Forgery | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 13 of 2019

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Sishir Ghosh @ Sisir Ghosh @ Shishir Ghosh Danda Pat @ Shishir Ghosh Dhanpat … Petitioner

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Versus The State of Jharkhand & Anr. … Opposite Parties

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. S.K. Lal, Adv. For the State : Addl. P.P. For Opposite Party No. 2 : Mr. G.P. Prajapati, Adv.

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07 / 07.05.19 Heard the parties.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chandil P.S. Case No. 105 of 2017 (G.R. No. 614 of 2017 ) registered under Sections 467, 468, 471, 420, 34 of the Indian Penal Code.

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The learned counsel appearing for the petitioner submits that the petitioner is a cousin brother of the opposite party no. 2 and the allegations against the petitioner is that they have sold 4.26 acres of land and the joint family property for a consideration amount of Rs. 1,20,00,000/- . It is then submitted that it is the admitted case of both the parties that the petitioner and the opposite party no. 2 are the descendants of the common ancestor. It is submitted that the informant- opposite party no. 2 has also solely sold one joint property for Rs. 5,00,000/- and gifted another joint property of the parties of area of 1 acre and 10 decimals to his daughter-in-law, the present market value which is at least Rs. 60,00,000/-. It is further submitted that the co-accused persons who are brothers and sister of the opposite party no. 2 have already been granted the privilege of anticipatory bail by this court in ABA No. 7225 of 2018 and two other case vide order no. 3 dated 27.03.2019. It is further submitted that at the time of hearing of the said anticipatory bail application, the informant- opposite party no. 2, who was present

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in the court, admitted that he has alone sold a part of the property of Rs. 5,00,000/- and he has also gifted joint property having an area 1acre and 10 decimals to his daughter-in-law, the present market value of which is Rs. 60,00,000/-. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and the dispute between the parties at best is civil dispute hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP and learned counsel for the opposite party no. 2 opposes the prayer for anticipatory bail.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioner 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 SDJM, Seraikella in connection with Chandil P.S. Case No. 105 of 2017 (G.R. No. 614 of 2017) subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Adhar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Sishir Ghosh Alias Sisir Ghosh Alias Shishir Ghosh Danda Pat Alias Shishir Ghosh Dhanpat v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sishir Ghosh Alias Sisir Ghosh Alias Shishir Ghosh Danda Pat Alias Shishir Ghosh Dhanpat v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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