The High Court of Jharkhand disposed of an anticipatory bail application filed by petitioners facing charges of cheating and forgery over a land sale dispute, directing surrender without expressing views on merits.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6452 of 2022
Versus
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioners : Mr. Nitesh Kumar, Advocate For the State : Mr. Vijay Kumar Sinha, A.P.P. For the O.P. No.2 : Mr. Anurag Kumar, Advocate
Order No.07/ Dated:12.01.2023
Heard learned counsel for the parties.
Apprehending their arrest in connection with Complaint Case No. 731 of 2019 instituted under Sections 406, 420, 504, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.
As per complaint petition, allegation against the petitioner is that petitioners have sold lands pertaining to khata no. 111 plot no. 1180 area of 15 decimals through registered sale deed in favour of the complainant on 08.05.1996. It is alleged that in place of plot no. 1180, plot no. 1149 was mentioned in the sale deed having area 13 decimals which have already been sold. The complainant requested for execution of rectification deed but the petitioner declined.
Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. Petitioners have no criminal antecedents. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the
petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
From perusal of record, it appears that the core of the dispute between parties is of civil nature. There is no necessity of custodial trial of the petitioner. It is a complaint case.
In the light of above facts and circumstances, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.
Petitioners are directed to surrender in the Court below within four weeks and seek regular bail which shall be disposed off on its own merits in compliance with the guidelines laid down by the Hon’ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773.
(Pradeep Kumar Srivastava, J.)
R.K/A.P.K.
1 issue framed by the court
Whether to grant anticipatory bail apprehending arrest in a case alleging cheating and forgery connected to sale deed rectification dispute?
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr.Referred¶21
2021(10) SCC 773 · Who else cites this
1 provisions across 1 enactments
Gobind Vishwakarma
Uma Shankar Vishwakarma
The State of Jharkhand
Rajendra Prasad
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
