In a bail application concerning a land dispute allegation, the High Court of Jharkhand allowed the petitioner after considering the duration of custody and the presence of a civil dispute element.
Directed release on bail on furnishing bond of Rs. 10,000 with two sureties of similar amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 412 of 2019
Akbar Khan ... … Petitioner
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--------- For the Petitioner : Mr. Mahadeo Thakur, Advocate For the State : Mr. Moti Gope, A.P.P. For the O.P. No. 2. : Md. Zaid Ahmed, Advocate ---------
06/13.09.2019 Heard Mr. Mahadeo Thakur, learned counsel for the petitioner and Mr. Moti Gope, learned A.P.P. for the State as well as Md. Zaid Ahmed, learned counsel appearing for the opposite party no. 2.
The petitioner is an accused in connection with Lohsingna P.S. Case No. 103 of 2018.
It has been alleged that the informant had purchased 16 decimals of land. On 17.08.2018 when the informant had gone to the said land to start digging trench Ram Kumar Rana and others came and showed a Power of Attorney revocation deed dated 25.01.2008. It has been alleged that when the informant questioned the wife and son of the petitioner he was threatened.
It has been submitted by the learned counsel for the petitioner that on 07.11.2009 the sale deed was executed in favour of the wife of the informant and consequent to mutation her name was also entered in register-II. It has further been submitted that Power of Attorney was granted to the petitioner by Ram Kumar Rana for which the petitioner had given Rs. 1,60,000/- to Ram Kumar Rana. Learned A.P.P. for the State has opposed the prayer made in this application by stating that the petitioner has criminal antecedents and he has referred to supplementary affidavit filed by the State.
So far as learned counsel for the opposite party no. 2 is concerned he has opposed the prayer made in this
-2-
application by stating that the petitioner is a habitual offender and has cheated several persons by fraudulently selling lands.
The petitioner appears to be in custody since 21.07.2018. It also appears that the incident of sale had taken place in the year 2009. There appears to be some semblance of a civil dispute in the allegation levelled against the petitioner. Considering the period of custody undergone by the petitioner, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Hazaribagh in connection with Lohsingna P.S. Case No. 103 of 2018.
(R. Mukhopadhyay, J.)
Alok/-
1 issue framed by the court
Whether the petitioner should be released on bail after undergoing custody considering the criminal antecedents and civil dispute allegations.
Akbar Khan
The State of Jharkhand
Surendra Kumar Pandey
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
