The High Court granted anticipatory bail to the petitioner, directing provisional bail with a condition to deposit money with the informant. Pending completion of payment, the bail remains provisional subject to confirmation by the trial court.
Grant of anticipatory bail provisionally, directed to surrender within four months.
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
A.B.A. No. 126 of 2020
Ranki Raj Mittal … Petitioner Versus 1. The State of Jharkhand 2. Brahma Dutt Sharma … Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. A.K. Sahani, Advocate For the State : Mr. Ranjit Kumar, Addl. P.P. ------
Order No.03 Dated- 03.03.2020
Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Mango P.S. Case No.233 of 2019 corresponding to C/1 Case No. 2111/2019 registered under sections 406/420/384 of the Indian Penal Code.
Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being a tenant of the opposite party no.2 induced him to deliver Rs.7,00,000/- as friendly loan and gave her two cheques of Rs.2,00,000/- and Rs.5,00,000/-. It is next submitted by the learned counsel for the petitioner that the allegation against the petitioner are false and by way of security, the opposite party no.2 obtained the signed cheques and two signed blank papers and the informant-opposite party no.2 used the same and created money receipts out of those blank papers. It is then submitted that though the petitioner has repaid the entire amount to the informant, but she has no documentary proof of such payment. It is next submitted that the petitioner is ready and willing to pay Rs.5,00,000/- to the opposite party no.2 in installments over a period of six months without prejudice to her defence in this case and subject to final decision of the case. It is lastly submitted that the petitioner undertakes to cooperate with the investigation of the
case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Judicial Magistrate, 1st Class, Jamshedpur within four months from today and in the event of her arrest or surrendering, she will be enlarged on bail provisionally for a period of two months from the date of her surrender on depositing a demand draft of Rs.2,50,000/drawn in favour of the informant-opposite party No.2 and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamshedpur in connection Mango P.S. Case No.233 of 2019 corresponding to C/1 Case No. 2111/2019
with the condition that she will co-operate with the investigation
of the case and appear before the investigating officer as and when noticed by him and furnish her mobile number and photocopy of the Aadhar Card with an undertaking that she will not change her 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. In case the petitioner deposits another demand draft of Rs.2,50,000/- within the period for which the provisional bail is granted or within a period of six months from the date of this order thereby completing payment of the total amount of Rs.5,00,000/-, then the provisional bail granted to the petitioner shall be confirmed by the trial court till disposal of the case.
It is made clear that in case of failure of the petitioner to deposit any of the installments as mentioned above, the provisional bail granted to her shall stand cancelled and the trial court will take appropriate steps for her apprehension for facing the trial.
In case the petitioner deposits the said demand drafts, the court below is directed to issue notice to the informant- opposite party No.2- and on his proper identification, the court below shall handover the same to him forthwith.
At the time of conclusion of the trial, the learned trial court will pass appropriate orders regarding the amount, if any, deposited by the petitioner with the informant-opposite party no.2.
(Anil Kumar Choudhary, J . )
Sonu-
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in connection with a complaint of cheating and forgery.
1 provisions across 1 enactments
Ranki Raj Mittal
State of Jharkhand
Brahma Dutt Sharma
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
