Allowed

Sukulmoni Baskey v. the State of Jharkhand

Jharkhand HC3 Nov 2020A.B.A./3221/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to petitioners facing charges of cheating and forgery related to ancestral property disputes. The court noted the underlying civil suit is sub-judice but imposed conditions to prevent annoyance during the pendency of the case.

What did the court decide?

Petitioners to be released on bail pending arrest or surrender if they appear within six weeks, furnishing a bond of Rs. 25,000 each with two sureties, and undertaking not to annoy or disturb the comp

Sukulmoni Baskey Vs the State of Jharkhand — Property and Title | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3221 of 2020

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Sukulmoni Baskey @ Sukulmani Baskey

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Gurbha Baskey

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Smt. Digi Soren

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Bhotesh Soren @ Bhutesh Soren … Petitioners Versus

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The State of Jharkhand 2. Ram Das Tudu … Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Soumitra Baroi, Advocate For the State : Mr. Ashok Kumar, Addl. P.P. For O.P. No.2 : Mr. C. Mukherjee, Advocate ------

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Order No.03 Dated- 03.11.2020

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Heard the parties through video conferencing.

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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.143 of 2019 registered under sections 420/ 466/467/468/471/120B of the Indian Penal Code.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in order to grab the ancestral landed property of the complainant and his cosharers coming under the joint possession, the petitioner nos.1 and 3 dishonestly and fraudulently transferred the same in the name of their children. It is further submitted that in the process of obtaining permission, a false affidavit has been filed on behalf of Hetla Tudu. It is next submitted that admittedly the petitioners are co-sharers of the joint landed property and Original Suit No.4 of 2019 has been filed by the complainant and others against the petitioners and others in the Court of Civil Judge, Senior Division, Ghatsila and the matter is sub-judice. It is next submitted that the dispute between the parties is basically a civil dispute. It is then submitted that the petitioners are ready and willing to undertake that they will not annoy or disturb the complainant in any manner

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during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they 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 J.M. 1^st Class, Ghatsila, in connection with Complain Case No.143 of 2019 with the condition that the petitioners will not annoy or disturb the complainant in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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Sonu/Gunjan-

Sukulmoni Baskey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sukulmoni Baskey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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