Allowed

Sidharth Acharjee v. the State of Jharkhand

Jharkhand HC7 Nov 2019B.A./9836/2019

Case brief

AI extract

What is this about?

This judgment grants regular bail to the petitioner, an accused in a cheque dishonor case where anticipatory bail was previously denied due to non-compliance with security deposits. The court releases him on a reduced bond of Rs. 10,000 with two sureties but mandates a fresh deposit of Rs. 1,00,000 representing a alleged refund by the petitioner.

What did the court decide?

Release on bail on bond of Rs. 10,000/- with two sureties of like amount each, subject to deposit of Rs. 1,00,000/- draft.

Sidharth Acharjee Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9836 of 2019

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Sidharth Acharjee ... … Petitioner Versus 1. State of Jharkhand 2. Gurmeet Singh ... … Opposite Parties --------CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --------- For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the State : Mr. Sardhu Mahto, A.P.P. For the O.P. No. 2. : Mr. B.K. Dubey, Advocate ---------

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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02/07.11.2019 Heard Mr. Kaushik Sarkhel, learned counsel for the petitioner and Mr. Sardhu Mahto, learned A.P.P. for the State as well as Mr. B.K. Dubey, learned counsel appearing for the opposite party no. 2.

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The petitioner is an accused in connection with Complaint Case No. 785 of 2018.

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It has been alleged that the complainant was intending to purchase a flat at Kolkata for Rs. 24,00,000/- for which the petitioner was given Rs. 9,00,000/- in cash and Rs. 4,00,000/- was transferred to the account of the wife of the petitioner through RTGS. It has further been alleged that the petitioner had returned the amount of Rs. 7,00,000/through a cheque which on being deposited was dishonored.

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The petitioner seems to have been granted anticipatory bail earlier in A.B.A. No. 432 of 2019 on the condition that he deposits an amount of Rs. 4,00,000/-. However the petitioner has not deposited the said amount and he is in custody since 18.07.2019. One of the co-accused Neeti Acharjee @ Niti Acharjee has been granted bail by this Court in B.A. No. 9343 of 2019, subject to the condition that she deposits a draft of Rs. 1,00,000/- before the learned trial court.

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The learned counsel for the petitioner on being asked about the amount which the petitioner would be able to deposit has stated that already in B.A. No. 8866 of 2019 he has been directed to deposit Rs. 3,00,000/- and therefore considering the financial hardship the petitioner is facing

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-2-

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since he is behind bar he would be able to deposit an amount of Rs. 1,00,000/-. The petitioner appears to be in custody since 18.07.2019.

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Considering the aforesaid submissions as well as the factual aspects of the case and the fact that the petitioner is in custody for about four months, 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 Judicial Magistrate, Koderma in connection with Complaint Case No. 785 of 2018, subject to the condition that the petitioner shall deposit an amount of Rs. 1,00,000/- (Rs. One Lac) by way of draft drawn in the name of the complainant/opposite party no. 2 before the learned court below. If the petitioner deposits the draft as indicated above the complainant/opposite party no. 2 shall be at liberty to withdraw the draft.

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(R. Mukhopadhyay, J.)

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Alok/-

Sidharth Acharjee v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sidharth Acharjee v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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