Single judge granted anticipatory bail to two employees of Cholamandalam Investment and Finance Company Limited suspected in a cheating case involving disputed vehicle repossession under an agreement, directing sureties and bail bonds.
Released on anticipatory bail subject to furnishing bonds of Rs. 10,000 each with two sureties within four weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6867 of 2018
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
----- For the Petitioners : Mr. Amit Kumar Sinha, Advocate For the State : Mr. Azeemuddin, A.P.P For O.P. No. 2 : Mr. Samir Kr. Lal, Advocate
05/11.04.2019 Petitioners are apprehending their arrest in connection with C1 Case No. 1111 of 2016 for the offence registered under sections 406, 420, 387, 506 and 120 (B) of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the petitioners are employee of the financial institution Cholamandalam Investment and Finance Company Limited and they have given a vehicle on the hire purchase agreement to the Opposite Party No. 2 but because of the none payment of the hire charge, the vehicle has been repossessed by the petitioners after following due process of law. The vehicle was subsequently sold after serving notice to the complainant and as such, the petitioners have not committed any offence.
Learned counsel for the State assisted by learned counsel for Opposite Party No. 2 has opposed the prayer for bail and has submitted that Opposite Party No. 2 is ready to pay the balance amount of the agreement so as to return the vehicle.
Considering the rival submissions of the parties this Court is of the view that petitioners have repossessed the vehicle in dispute in terms of the agreement and as such, petitioners named above are directed to be released on anticipatory bail in the event of their surrender/arrest within four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned J.M.F.C., Jamshedpur in connection with C1 Case No. 1111 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Kailash Prasad Deo, J.)
Pallavi/
2 issues framed by the court
Whether the petitioners entitled to anticipatory bail in alleged offences under Sections 406, 420, 387, 506 and 120(B) of the Indian Penal Code.
Whether the petitioners entitled to release on bail while awaiting surrender/arrest under Section 438 Cr.P.C.
Ranjit Prasad @ Ranjit Singh
Niranjan Sahu @ Niranjan Kumar
The State of Jharkhand
Dhirendra Nath Ghosh
Kailash Prasad Deo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
