New bail granted to Omkar Prasad Pandey in Cheating case where he paid his cheated share; released on bond of Rs. 10,000 with conditions regarding cheque honouring.
Petitioner released on bail bond of Rs. 10,000 with two sureties of like amount, subject to condition regarding cheque honouring.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 135 of 2019
Omkar Prasad Pandey @ Omkar Nath Pandey @ Onkar Prasad Pandey, aged about 53 years, son of Bisheshwar Pandey, resident of J.A.P.- 10 Ranchi (Sadar), P.O. G.P.O., P.S. Ranchi, District Ranchi …… Petitioner Versus The State of Jharkhand …… Opposite Party
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
----- For the Petitioner : Mr. Anil Kumar Sinha, Advocate For the State : Mr. P.K. Appu, A.P.P -----
05/Dated: 15/02/2019:
Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner has prayed for grant of regular bail in connection with Jaridih P.S. Case No. 98 of 2016, corresponding to G.R. No. 917 of 2016 for the offence under Sections 406, 420, 120(B) of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the matter was referred before the Mediation Center, Bermo at Tenughat for settlement, as per the report the amount of Rs.7,65,000/- has been found to be cheated but by three persons including the petitioner. The petitioner has paid Rs.2,90,000/- as his share to the informant Rs.80,000/- cash and Rs.2,10,000/- by way of cheque, which has been Honoured and as such the petitioner may be enlarge on bail and petitioner in custody since 11.12.2018.
Learned counsel for the State has opposed the prayer for bail on the ground that though the money has been paid but he has no instruction whether the informant has received the same or cheque has been Honoured or not.
In the facts and circumstances of the case and considering the period of custody, petitioner, named above, 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 learned Judicial Magistrate 1st Class, Bermo at Tenughat in connection with Jaridih P.S. Case No. 98 of 2016, corresponding to G.R. No. 917 of 2016. However, if the informant's cheque which has been handed over by the petitioner has not been honoured, informant is at liberty to file an application before the Court.
( Kailash Prasad Deo, J.)
R.S-
2 issues framed by the court
Whether the petitioner is entitled to bail after contributing his share towards the cheated amount.
Whether the uncertainty regarding the honouring of the cheque by the petitioner justifies denial of bail.
4 provisions across 2 enactments
Omkar Prasad Pandey @ Omkar Nath Pandey @ Onkar Prasad Pandey
The State of Jharkhand
Kailash Prasad Deo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
