Allowed

Dr Sashikant Dubey v. the State of Jharkhand

Jharkhand HC17 Oct 2023A.B.A./5354/2023

Case brief

AI extract

What is this about?

The Jharkhand High Court granted anticipatory bail to the petitioner in a PCR case alleging cheating and criminal breach of trust. The court held the matter involved a civil dispute over a land sale and acquitted the offence, ordering release on bail with specific conditions regarding payment and execution of a sale deed.

What did the court decide?

Release on anticipatory bail with bond of Rs. 25,000 and two sureties, conditioned on payment of balance consideration by opposite party within three months.

Dr Sashikant Dubey Vs the State of… — Contract and Commercial Disputes | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 5354 of 2023

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Dr. Sashikant Dubey @ Shashi Kant Dubey … … Petitioner

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Versus

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The State of Jharkhand

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… … 2. Bandana Banerjee Opposite Parties ---

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. A. K. Kashyap, Senior Advocate For the Opposite Party : Mrs. Vandana Bharti, A.P.P. For the Informant : Mr. Nishant Kumar Roy, Advocate

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Order No. 5 Dated – 17.10.2023

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Heard the parties.

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Apprehending his arrest in connection with P.C.R. Case No. 582 of 2022 instituted under Sections 406 & 420 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner had taken Rs.20,00,000/- from the informant to sell the land, but has neither sold the land nor returned the money. It is next submitted that the allegation against the petitioner are all false. It has been submitted that there is no written agreement between the parties and in fact the agreement was that the total consideration amount of the land was fixed at Rs.40,00,000/- and only Rs. 20,00,000/- was given as advance. It is next submitted that the petitioner is ready to execute the sale deed, if the complainant pays the rest amount of Rs. 20,00,000/- to the petitioner within three months. Learned senior counsel further submits that the dispute between the parties is civil in nature and no offence under Section 420/406 of I.P.C. is made out, hence the petitioner be given the privilege of anticipatory bail.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the facts of the case and that the dispute is basically civil in nature, I am of the opinion that it is a fit case where the above-

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named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of eight weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamtara in connection with P.C.R. Case No. 582 of 2022 with the condition that the petitioner will cooperate with the trial of the case and will furnish his mobile number and photocopy of the Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that if the opposite party no. 2 pays Rs. 20,00,000/- to the petitioner within 3 months from the date of this order, the petitioner shall execute the sale deed in favour of the complainant; in respect of the land in question and 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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R. Shekhar Cp 3

Dr Sashikant Dubey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dr Sashikant Dubey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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