Laltu Mitra Modak Vs the State of Jharkhand

The petitioner is apprehending his arrest in connection with Chas P.S. Case No.283 of 2022 registered under Sections 406/420 of the Indian Penal Code, 1860.

¶13

Learned counsel for the petitioner submits that the petitioner has

¶14

been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. As per the allegation, the opposite party no.2 along with his associate namely Jaydeo Swarnkar had paid Rs.10,00,000/- to the petitioner and another co-accused-Ganesh Mitri Modak for sale of a shop-cum-house built over an area of 1.20 decimals appertaining to Khata No.147, Plot No.4634, Thana No.30 of Mouza-Chas vide agreement dated 30^th August, 2019, however, they sold the said shop to a third party in August, 2022 without returning the said advance taken by them. In fact, as per the terms and conditions of the said agreement, the informant and his said associate had to pay the entire consideration i.e. Rs.30,51,000/- within six months. Since they failed to pay the entire consideration within the said period, the said shop was rightly sold to a third party. Even if the content of

¶15

the written report is taken to be true, the dispute between the parties is of civil nature which has been given colour of a criminal case. The petitioner also undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

¶16

Learned A.P.P. as well as learned counsel for the opposite party no.2 jointly submit that if at all the informant was not able to pay the entire consideration of Rs.30,51,000/- within a period of six months, the petitioner and other co-accused persons should have return the said amount to the informant. However, the petitioner neither returned the amount of Rs.10,00,000/- nor extended the period of agreement. Under the said circumstance the petitioner may not be given the privilege of anticipatory bail.

¶17

Having heard learned counsel for the parties and on consideration of the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bokaro in connection with Chas P.S. Case No.283 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶18

(Rajesh Shankar, J.)

¶19

Arpit/

¶20

-2-

¶21

A.B.A. No.1490 of 2024

Laltu Mitra Modak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Laltu Mitra Modak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kamdeo Mahtha Alias Kamdev Pasi Vs the State of Jharkhand

Hariom Sao Alias Hariom Saw Vs State of Jharkhand

Rajkapur Kumar Alias Rajkapur Kumar Sah Vs the State of Jharkhand

Morful Sk. Vs the State of Jharkhand

Sandeep Kumar Bhuihaar Sandeep Kumar Vs State of Jharkhand

Asit Chimanlal Mehta Vs the State of Jharkhand