The High Court of Jharkhand extended anticipatory bail to petitioners facing arrest in a criminal case involving cheque misappropriation, noting that the parties had settled their dispute. Directions were issued for surrender.
Petitioners directed to surrender within two weeks; release on bail upon furnishing Rs. 25,000 bond and sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 428 of 2024
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-Versus -
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioners : Mr. Sanjay Kumar, Advocate For the Opp. Parties : Mr. Naveen Kr Gaunjhu, A.P.P. -----
05/02.07.2024
Heard the parties
Petitioners are apprehending their arrest in connection with Sitaramdera P.S. Case No. 168 of 2020, for the offences registered under Sections 467, 468, 471, 406 and 420/34 of the Indian Penal Code, pending in the Court of Sri R.S. Pandey, learned Judicial Magistrate, Jamshedpur.
Notice was issued for the appearance of the opposite party no. 2. From the service report, it appears that notice has validly been served but opposite party no. 2 has not appeared.
Accordingly this application is disposed of after hearing learned counsel for the petitioners and learned counsel on behalf of the State.
Informant had issued a cheque of Rs. 5 lakhs in the name of the petitioner Aftab Alam for repayment of electricity bill. It appears that the petitioners had misappropriated that amount.
Mr. Sanjay Kumar, learned counsel appearing on behalf of petitioners submitted that parties have settled their dispute.
In light of the aforesaid submissions made above, I am inclined to extend the privilege of anticipatory bail to the petitioners. Accordingly, the petitioners, above named, are directed to surrender before the learned court below within two weeks from the date of receipt of a copy of this order and the learned court below on their surrender, shall release them on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each, to the satisfaction of Sri R.S. Pandey, learned Judicial Magistrate, Jamshedpur or his successor in connection with Sitaramdera P.S. Case No. 168 of
2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ambuj Nath, J.)
Rahul/-
1 issue framed by the court
Whether anticipatory bail should be extended to petitioners who have apprehended arrest in a criminal case under the Indian Penal Code where the parties have settled their dispute.
1 provisions across 1 enactments
Aftab Alam
Md. Samsad
The State of Jharkhand
Kamdeo Pan
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
