Allowed

Devnarayan Karamkar v. the State of Jharkhand

Jharkhand HC15 Mar 2022A.B.A./1913/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to three petitioners implicated in a criminal breach of trust and cheating case. The court allowed the defect notice to lapse due to an undertaking to rectify it and ordered release upon deposit of security and furnishing of bonds and sureties with conditions.

What did the court decide?

Petitioners to be released on bail on depositing cash security of Rs.50,000/- and furnishing bail bond with two sureties upon arrest or surrender within six weeks.

Devnarayan Karamkar Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1913 of 2022

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Devnarayan Karamkar

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Mahadeo Mahto

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Sunil Kumar Mahto … Petitioners Versus

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The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Gobind Pd. Gupta, Advocate For the State : Mr. Sunil Kr. Dubey, Addl. P.P. ------

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Order No.02 Dated- 15.03.2022

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Heard the parties.

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Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks.

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In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Khunti P.S. Case No.173 of 2021 registered under sections 420/406/ 506/34 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 have misappropriated the deposits made by the investors with Sarvoday Agro Power Limited Company. It is further submitted that the allegations against the petitioners are all false and vague. It is then submitted that there is an inordinate delay in institution of the complaint which upon being referred to police under section 156(3) Cr.P.C., this F.I.R. has been registered. It is next submitted that there is no specific allegation, as to in respect of which amount, the petitioners have committed criminal breach of trust nor the name of any victim has been mentioned, as to whom, the petitioners have cheated. It is then submitted that the petitioners have been falsely

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been implicated in this case. It is next submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation 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. 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 depositing cash security of Rs.50,000/- each and 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 C.J.M., Khunti, in connection with Khunti P.S. Case No.173 of 2021 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Devnarayan Karamkar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Devnarayan Karamkar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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