Sunita Devi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Sunita Devi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail not granted directly; petitioner directed to appear before the learned Court below and seek regular bail, to be disposed of the same day in accordance with the Satender Kumar Antil guidelines, without prejudice by this order.

Issue for consideration

Whether the petitioner, apprehending arrest in Lohardaga P.S. Case No. 110 of 2019 / G.R. Case No. 46 of 2020 (Sections 406, 420, 448, 506/34 IPC), is entitled to the privilege of anticipatory bail. +1 more

Court's answer

The anticipatory bail application is disposed of by directing the petitioner to appear before the learned Court below and seek regular bail, which shall be disposed of on the same day in strict compliance with the Satender Kumar Antil guidelines (2021(10) SCC 773 and the 2023 observations), without being prejudiced by this order.

Ratio / Principle

On the petitioner's submission, having complied with the notice under Section 41A CrPC during investigation and with the charge-sheet submitted, the case comes within the guidelines propounded by the Hon'ble Supreme Court of India in Satender Kumar Antil v. CBI.

Key takeaways

There is no requirement for custodial trial of the petitioner.ratio¶19
In disposing of the anticipatory bail application the Court expressly refrained from expressing any view on the merits of the case.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail application (A.B.A. No. 4408 of 2023, High Court of Jharkhand at Ranchi; Order No. 09 dated 15.05.2024; Justice Pradeep Kumar Srivastava) by Sunita Devi apprehending arrest in Lohardaga P.S. Case No. 110 of 2019 / G.R. Case No. 46 of 2020 (Sections 406, 420, 448, 506/34 IPC, pending before the CJM, Lohardaga), arising from an F.I.R. alleging a 17.06.2017 agreement to sell 20 decimals of land at Rs. 32,000/- per decimal with Rs. 4,80,000/- paid as advance, after which the informant allegedly resold the land to a broker; JHALSA mediation produced no settlement. As the petitioner had complied with the Section 41A CrPC notice and the charge-sheet stood submitted, the Court, applying the Satender Kumar Antil v. CBI guidelines (2021(10) SCC 773; 2023- SCC online (SC) 452 & 2023- Live Law (SC) 233), held that no custodial trial was required and disposed of the application without expressing any view on the merits, directing the petitioner to appear before the Court below and seek regular bail, to be decided the same day per those guidelines, without prejudice by this order.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4408 of 2023

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Sunita Devi

.... .... …. Petitioner

Versus

The State of Jharkhand

Chandmani Devi

.... .... ....Opposite Parties ------

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioners : Mr. Gautam Kumar, Advocate : Mr. Kismanti Minj, Advocate : Mr. Amresh Kumar Sharma, Advocate For the State : Ms. Lily Sahay, Addl.P.P For the O.P. No.2 : Mr. Baibhaw Gahlaut, Advocate : Mr. Rajiv Ranjan, Advocate

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Order No.09/Dated- 15.05.2024

Heard learned counsel for the parties.

Apprehending his arrest in connection with Lohardaga P.S. Case No. 110 of 2019 corresponding to G.R. Case No.46 of 2020 registered under Sections 406, 420, 448, 506/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Lohardaga, the petitioner has moved this Court for grant of privilege of anticipatory bail.

As per F.I.R., the allegation made against the petitioner is that on 17.06.2017, informant agreed to sell 20 decimal of her land for Rs.32,000/- per decimal to the petitioner and Rs.4,80,000/- was paid as an advance. Despite this agreement and payment, informant later sold the same land to a broker. The land was intended for the petitioner’s daughter, Radha Tirkey and the advance payment came from the husband’s personal loan of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that petitioner has committed no cheating or criminal breach of trust with the informant. The matter was referred to the Mediation Centre, JHALSA, Ranchi for conciliation between the parties with their consent but no settlement has been arrived at. Meanwhile, petitioner has

cooperated in the investigation in compliance of notice issued under Section 41A of Cr.P.C. and charge-sheet has also been submitted in this case, therefore, this case is covered with the principles laid down by Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773 and this anticipatory bail application may be disposed of.

Learned Addl.P.P appearing for the State assisted by learned counsel appearing for opposite party No.2 has vehemently opposed the prayer for anticipatory bail of the petitioner.

It appears that as per submission of petitioner, he has complied the notice issued under Section 41A of the Cr.P.C. during investigation and now charge-sheet has been submitted and comes within the guidelines propounded by the Hon’ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773 . There is no requirement for custodial trial of the petitioner. Hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed of.

Petitioner is directed to appear before the learned Court below and seek regular bail which shall be disposed of on the same day in strict compliance of guidelines laid down by the Hon’ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773 as well as recent observation of Hon’ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2023- SCC online (SC) 452 & 2023- Live Law (SC) 233 without being prejudice by this order.

(Pradeep Kumar Srivastava, J.)

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