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Nirmal Paul v. the State of Jharkhand

Jharkhand HC1 Mar 2024A.B.A./4010/2023

Case brief

AI extract

What is this about?

Anticipatory bail application allowed; land-sale dispute between petitioner and complainant's household; charges under ss.406, 420, 468, 120B IPC in C.P. Case No.2264 of 2020, Judicial Magistrate, Civil Court, Dhanbad; surrender within three weeks ordered; bail bond Rs.25,000/- with two like sureties; conditions u/s 438(2) CrPC; parity drawn with co-accused's anticipatory bail in A.B.P.No.1101 of 2023 (Sessions Judge).

What did the court decide?

Anticipatory bail granted: petitioner to surrender within three weeks; upon surrender/arrest, release 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 the learned Judicial Magistrate, Civil Court, Dhanbad, in C.P. Case No.2264 of 2020, subject to conditions under section 438(2) of the Code of Criminal Procedure.

Nirmal Paul Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Nirmal Paul, who apprehends arrest in C.P. Case No.2264 of 2020 (sections 406, 420, 468 and 120B IPC) pending before the Judicial Magistrate, Civil Court, Dhanbad.

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Court's answer

The court is inclined to grant the privilege of anticipatory bail, considering that the sale deed is already executed in favour of the complainant's wife, that Annexure-1 suggests the holding number stands in favour of the petitioner Nirmal Paul, and that one co-accused has already been granted anticipatory bail in A.B.P.No.1101 of 2023 by the learned Sessions Judge.

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Ratio / Principle

The petitioner is directed to surrender before the learned court within three weeks; in the event of surrender/arrest he shall be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Civil Court, Dhanbad, in connection with C.P. Case No.2264 of 2020, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

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Detailed headnote1 paragraphs

High Court of Jharkhand (Ranchi), A.B.A. No. 4010 of 2023, decided 01.03.2024 by Hon'ble Justice Sanjay Kumar Dwivedi — Anticipatory bail granted to Nirmal Paul, who apprehended arrest in C.P. Case No.2264 of 2020 for offences under sections 406, 420, 468 and 120B IPC pending before the Judicial Magistrate, Civil Court, Dhanbad. Factors weighed by the court: the sale deed had already been executed in favour of the complainant's wife; Annexure-1 (supplementary affidavit) indicated a holding number in the petitioner's favour; and a co-accused had already been granted anticipatory bail in A.B.P.No.1101 of 2023 by the learned Sessions Judge. The petitioner was directed to surrender within three weeks, failing arrest/surrender he is to be released on a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

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IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4010 of 2023

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Nirmal Paul .... Petitioner

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-- Versus -- The State of Jharkhand and Another .... Opposite Parties

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Ms. Talat Parveen, Advocate For the State :- Mr. Tarun Kumar, Advocate For the O.P.No.2 :- Mr. Rajarshi Singh, Advocate

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/01.03.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

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The petitioner is apprehending his arrest in connection with C.P. Case No.2264 of 2020, for the offence registered under sections 406, 420, 468 and 120B IPC, pending in the court of learned Judicial Magistrate, Civil Court, Dhanbad.

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Learned counsel for the petitioner submits that the petitioner has sold his land to the complainant’s wife and the land in question was already registered in favour of the wife of the complainant and the allegations are made that when they went to the site certain objection was made by other people. She draws the attention of the Court to Annexure-1 filed in supplementary affidavit and submits that land was raiyati and the petitioner is 71 years old man and holding number of the petitioner is there in Annexure -1.

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Learned State counsel as well as the leaned counsel for the O.P.No.2 opposed the prayer on the ground that the petitioner has taken money.

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Considering that the sale deed is already executed in favour of the complainant’s wife and Annexure-1 is the document which suggest that holding number is there in favour of Nirmal Paul who is the petitioner and one of the co-accused has been provided privilege of anticipatory bail in A.B.P.No.1101 of 2023 by the court of learned Sessions Judge, in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

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Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, 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 Judicial Magistrate, Civil Court, Dhanbad, in connection with C.P. Case No.2264 of 2020, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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( Sanjay Kumar Dwivedi, J.)

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SI/

Nirmal Paul v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Nirmal Paul 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

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