Allowed

Ashok Kumar Sethi v. the State of Jharkhand

Jharkhand HC6 Nov 2019A.B.A./2887/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand, Ranchi granted anticipatory bail to petitioners in a case involving alleged land transfer. The court was inclined to hold the matter as a civil dispute and released them on bail with conditions regarding not alienating the property.

What did the court decide?

Grant of anticipatory bail to be released upon arrest or surrender within four weeks upon furnishing bail bond.

Ashok Kumar Sethi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 2887 of 2019

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Ashok Kumar Sethi

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Rajendra Narayan Das

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Tushar Ranjan Nanda … Petitioners 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 Petitioners : Mr. R.R.R. Das, Adv. For the State : Addl. P.P. For Opposite Party No. 2 : Ms. Vandana Bharti, Adv.

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09 / 06.11.19 Heard the parties.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with complaint case no. 586 of 2018 registered under Sections 420, 406, 504, 506, 120B, 34 of the Indian Penal Code.

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The learned counsel appearing for the petitioner submits that the allegations against the petitioner no. 2, who is the brotherin-law ( Bahnoi ) of the complainant having married his sister has transferred the land belonging to the father of the complainant in favor of M/s T.R. Infrastructure and Developers (P) Ltd., Bhubaneswar in exercise of power vested in him by the power of attorney executed by the father of opposite party no. 2 and the petitioner no. 1 and 2 are the associates of petitioner no. 2. It is further submitted that the petitioner no. 2 has already paid money accrued to him by selling land of the father of the opposite party no. 2 and there is no illegality in the matter. It is then submitted that the allegations against the petitioner are all false. It is further submitted by learned counsel for the petitioners that civil suit no. 463 of 2018 has been filed by petitioner no. 2 against the opposite party no. 2 and others in the court of Civil Judge, Jr. Division, Cuttack and the sister of the opposite party no. 2 namely Gitanjali Swain has filed C.S. case no. 786 of 2018 in the court of Civil Judge, Jr. Division, Cuttack against the petitioner no.2. It is further

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submitted by learned counsel for the petitioners that the petitioner nos. 1 and 2 are the only Directors of M/s T.R. Infrastructure and Developers (P) Ltd., Bhubaneswar and they undertake that they will not alienate or sell the property in question i.e. the land situated at Mouza- Sribantapur, P.S.- Baranga, P.S.- 31 under Khata no. 750, plot no. 733 measuring area- 88 decimals and also the land under situated at Mouza- Sribantapur, P.S.- Baranga, P.S.- 31 under Khata no. 277, plot no. 734, area- 8 decimals, unless any order is passed in their favour by a competent civil court. It is further submitted by learned counsel for the petitioners that the dispute between the parties is at best civil dispute hence, the petitioners be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioners shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Jamshedpur in connection with complaint case no. 586 of 2018 subject to the condition that the petitioners will not alienate or sell the property in question i.e. the land situated at Mouza- Sribantapur, P.S.- Baranga, P.S.- 31 under Khata no. 750, plot no. 733 measuring area- 88 decimals and also the land under situated at Mouza- Sribantapur, P.S.- Baranga, P.S.- 31 under Khata no. 277, plot no. 734, area- 8 decimals, unless any order is passed in their favour by a competent civil court 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/-

Ashok Kumar Sethi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ashok Kumar Sethi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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