Haidar Ali Alias MD Haidar Ali Vs the State of… — Cheating and Forgery | Jharkhand HC (2024)

Haidar Ali Alias MD Haidar Ali Vs the State of… — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the learned Court within three weeks; on surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the S.D.J.M., Pakur, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, a P.D.S. dealer apprehending arrest in connection with Pakur (M) P.S. Case No. 31 of 2023 (registered under sections 406, 420, 34 of I.P.C. and section 7 of the Essential Commodities Act), on allegations that foodgrains was not distributed/supplied to the card holders.

Court's answer

This Court decided to grant anticipatory bail to the petitioner.

Ratio / Principle

The grant rested on the Court's consideration that the biometric machines themselves showed that the foodgrains was distributed, that documents on record suggested the receivers had received the foodgrains, and that the petitioner had moved before the Deputy Commissioner for cancellation of licence.

Key takeaways

The petitioner was directed to surrender before the learned Court within three weeks, and in the event of his surrender/arrest he is to be released on bail.ratio¶¶11
Release is conditional on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the S.D.J.M., Pakur, in connection with Pakur (M) P.S. Case No. 31 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶¶11

Detailed headnote1 paragraphs

Anticipatory bail granted — Haidar Ali @ Md. Haidar Ali, a P.D.S. dealer apprehending arrest in Pakur (M) P.S. Case No. 31 of 2023, registered under sections 406, 420, 34 of I.P.C. and section 7 of the Essential Commodities Act, pending before the learned S.D.J.M., Pakur, on allegations that foodgrains was not distributed to the card holders. The Court granted bail considering that the biometric machines themselves showed that the foodgrains was distributed, that documents on record suggested the receivers had received the foodgrains, and that the petitioner had moved before the Deputy Commissioner for cancellation of licence. Petitioner directed to surrender within three weeks; on surrender/arrest, to be released on bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the S.D.J.M., Pakur, subject to conditions under Section 438(2) of the Code of Criminal Procedure. (Decided 03.05.2024 by Sanjay Kumar Dwivedi, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 1014 of 2024

Haidar Ali @ Md. Haidar Ali

...... … Petitioner

Versus The State of Jharkhand . .…. … Opposite Party

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Rajiva Sharma, Sr. Advocate Mr. Om Prakash, Advocate For the State :Mr. Prabhu Dayal Agrawal, Spl. P.P.

04/ 03.05.2024 : Heard learned senior counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Pakur (M) P.S. Case No. 31 of 2023, registered under sections 406, 420, 34 of I.P.C. and under section 7 of the Essential Commodities Act, pending in the Court of learned S.D.J.M., Pakur.

Learned senior counsel for the petitioner submits that the petitioner is P.D.S. dealer and he has distributed the foodgrains among card holders. He further submits that now-a-days by the biometrics method foodgrains is being distributed. He further submits that the machine was showing distribution however false allegation is made that foodgrains has not been supplied. He submits that the card holders have also stated that they have received foodgrains. He further submits that for cancellation of licence the petitioner has moved before the Deputy Commissioner.

Learned counsel for the State opposes the prayer on the ground that allegation of not distributing the foodgrains to the card holders is there.

Considering that the biometric machines itself shows that foodgrains was distributed and documents on record suggest that receivers have received the foodgrains and further for cancellation of licence the petitioner has moved before the Deputy Commissioner, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the S.D.J.M., Pakur, in connection with Pakur (M) P.S. Case No. 31 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.)

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