Allowed

Debsis Goswami Alias Debasish Goswami v. the State of Jharkhand

Jharkhand HC7 Nov 2019A.B.A./1523/2019

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to petitioners facing charges of cheating for transferring encumbered land. Bail is conditional upon sentencing petitioners to surrender, deposit Rs. 6.33 lakhs towards the complainant, execute a sale-deed, and cooperate with the investigation. The court also directed the lower court to return the deposit if the sale-deed is not executed.

What did the court decide?

Petitioner granted anticipatory bail conditioned upon surrender, joint deposit of Rs. 6,33,000, execution of sale-deed, and furnishing bail bond with undertakings to cooperate with investigation.

Debsis Goswami Alias Debasish Goswami Vs… — Contract and Commercial Disputes | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1523 of 2019

¶2

------

¶3

Debsis Goswami @ Debasish Goswami @ Dewasis Goswami

¶4

Sidharth Goswami @ Siddarth Goswami

¶5

Chanchal Kumar Goswami

¶6

Shyam Das Goswami

¶7

.... .... …. Petitioners

¶8

Versus

¶9

The State of Jharkhand

¶10

Sunil Kumar Singh

¶11

.... .... ....Opposite Parties

¶12

------

¶13

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶14

For the Petitioners : Mr. Sanjay Kr. Pandey-2, Advocate For the State : Mr. Nehru Mahto, A.P.P For the O.P. No.2 : Mr. Mahesh Kr. Sinha, Advocate

¶15

Order No.10 Dated- 07.11.2019

¶16

Apprehending their arrest in connection with Protest-cum-complaint Case No.410 of 2016 arising out of Ramgarh P.S. Case No.493 of 2014 in which cognizance has been taken under Sections 420/406/323 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

¶17

Heard the parties.

¶18

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that all the executants have transferred title by way of sale to the informant-complainant by suppressing the fact that they were not free from all encumbrances. It is submitted that the allegation against the petitioners is false and there is no defect in the title transferred by the petitioners. It is lastly submitted that the petitioners are ready and willing to cooperate with the investigation of the case and to jointly pay Rs.6,33,000/without prejudice to their defence in this case in favour of the opposite party No.2 namely- Sunil Kumar Singh upon the informant executing a sale-deed in respect of the land in question that is from plot No.272 of out of area of 22 decimals only 5 decimals bounded in the North by the land of railway pillar east proposed road 14” width, West- Dashrath Mahto and Bhagwat Kotecha under Khata No.69 Mouza- Patratu, Thana No.84, Thana- Ramgarh, District- Ramgarh, Khewat No.1, Tauzi No.28. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

¶19

Learned A.P.P appearing for the State being assisted by the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners but learned counsel for the informant submits that the informant is ready and willing to execute the sale-deed in respect of the said land in favour of the petitioners provided that the petitioners pay him the consideration amount of Rs.6,33,000/-.

¶20

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Chief Judicial Magistrate, Ramgarh within four months from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on jointly depositing a demand draft of Rs.6,33,000/- without prejudice to their defence in this case drawn in favour of the opposite party No.2 namely- Sunil Kumar Singh and filing the sale-deed to be executed by the complainant/informant in favour of the petitioners in respect of the land as mentioned above in appropriate stamp paper and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Ramgarh in connection with Protest-cum-complaint Case No.410 of 2016 arising out of Ramgarh P.S. Case No.493 of 2014 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶21

In case the petitioners deposit the said demand draft, the court below is directed to issue notice to the opposite party No.2 namely- Sunil Kumar Singh and on his proper identification, the court below shall handover the same to him forthwith after the complainant executes the sale-deed ,if any filed by the petitioners but if after notice the complainant fails to execute the sale-deed in respect of the above mentioned land, the said demand draft be returned to the petitioners by the court below.

¶22

(Anil Kumar Choudhary, J . )

¶23

Animesh/

Debsis Goswami Alias Debasish Goswami v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Debsis Goswami Alias Debasish Goswami v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Binod Kumar Sah Vs the State of Jharkhand

Ashok Kumar Sethi Vs the State of Jharkhand

Timir Kant Bardhan Vs the State of Jharkhand

Anthony Nikhil Sanga Vs the State of Jharkhand

MD Suleman Vs the State of Jharkhand

Anshu Kumar Singh Alias Ansu Kumar Singh Vs the State of Jharkhand