Jitendra Kumar Saw Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Jitendra Kumar Saw Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to surrender within four weeks and, on arrest or surrender, be enlarged on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Chatra, conditioned on co-operation with investigation, appearance before the investigating officer as noticed, furnishing mobile number and Aadhar Card photocopy with undertaking not to change the mobile number during pendency, and subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Tandwa P.S. Case No. 195 of 2022 (Indian Penal Code Sections 420, 407, 468, 471 r/w 34), should be granted the privilege of anticipatory bail.

Ratio / Principle

Considering the facts and circumstances of the case, the nature of allegation against the petitioners coupled with materials available on record, the Court was inclined to extend the privilege of anticipatory bail to the petitioners in both applications arising out of the same FIR.

Key takeaways

Petitioners directed to surrender before the Court below within four weeks; in the event of arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of the learned CJM, Chatra, in connection with Tandwa P.S. Case No. 195 of 2022.ratio¶18
Grant of bail made conditional on the petitioners co-operating with the investigation of the case and appearing before the investigating officer as and when noticed by him.ratio¶18

Detailed headnote1 paragraphs

Jharkhand HC (Ranchi) | Pradeep Kumar Srivastava, J. | Order dated 21.03.2024 | Two anticipatory bail applications (A.B.A. Nos. 11663 of 2022 and 1139 of 2023) heard together for four persons — alleged owner and drivers of trucks carrying an informant's coal from Amrapali Coal Mines to Patratu Railway Siding — apprehending arrest in Tandwa P.S. Case No. 195 of 2022 (Sections 420, 407, 468, 471 r/w 34 IPC) on the allegation that they sold the coal with intention to cheat the informant. Counsel submitted compliance with the Section 41(A) Cr.P.C notice and co-operation with investigation; State opposed. Court granted anticipatory bail: surrender within four weeks; release on arrest or surrender on a bail bond of Rs. 25,000/- each with two like sureties to the satisfaction of the learned CJM, Chatra; conditions — co-operation with investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card with undertaking not to change the mobile number during the pendency of the case, and subjection to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.11663 of 2022

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Ravindra Kumar @ Lalu Sao 2. Md. Parvej Alam .... .... …. Petitioners Versus The State of Jharkhand .... .... ....Opposite Party With A.B.A. No.1139 of 2023

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Jitendra Kumar Saw 2. Kuleshwar Kumar Saw .... .... …. Petitioners Versus The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioners : Mr. A.K. Chaturvedy, Advocate [In A.B.A. No.11663 of 2022] Mr. Vikram Singh, Advocate [In A.B.A. No.1139 of 2023] For the State : Mr. Pankaj Kumar Mishra, Addl.P.P Mr. R.R. Ravi Das, A.P.P.

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Order No.06 Dated- 21.03.2024

Heard learned counsel for the parties.

Apprehending their arrest in connection with Tandwa P.S. Case No. 195 of 2022 instituted under Sections 420, 407, 468, 471 r/w 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.

Both anticipatory applications arising out of same FIR have been heard together.

As per FIR, allegation is that petitioners being owner and drivers of the trucks engaged in transportation of coal of the informant from Amrapali Coal Mines to Patratu Railway Siding but with intention to cheat the informant, they have sold the coal.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case with ulterior motive. All the allegations levelled against the petitioners are false and fabricated and they have no criminal antecedents. Petitioners have complied the notice under Section 41(A) of Cr.P.C and they are cooperating with the investigation and they further undertake to co-

operate with the investigation of the case. 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.

Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender before the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Chatra in connection with Tandwa P.S. Case No. 195 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

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