Farukh Ansari Alias Farooque Ansari Vs the State of… — Cheating and Forgery | Jharkhand HC (2024)

Farukh Ansari Alias Farooque Ansari Vs the State of… — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender within three weeks; on surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Lohardaga, in connection with C.P. Case No. 329 of 2022, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in connection with C.P. Case No. 329 of 2022 (alleged offences under Sections 406, 420/34 IPC) pending before the learned Chief Judicial Magistrate, Lohardaga.

Court's answer

The court considered that the sale deed was executed 12 years prior to the lodging of the complaint case, treating the staleness of the complaint as a relevant circumstance favouring grant of anticipatory bail.

Ratio / Principle

The court took into account that the person who purchased the land (accused No. 3) had already been granted anticipatory bail in A.B.P. No. 82 of 2023 by the learned Sessions Judge.

Key takeaways

In view of the attending facts and circumstances, the court decided to grant anticipatory bail to the petitioner, directing him to surrender before the learned court within three weeks, failing which/upon surrender or arrest he is to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Lohardaga, in connection with C.P. Case No. 329 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶14

Detailed headnote1 paragraphs

Anticipatory Bail — High Court of Jharkhand at Ranchi, A.B.A. No. 503 of 2024, decided 14.03.2024 by Sanjay Kumar Dwivedi, J. — Petitioner Farukh Ansari @ Farooque Ansari, apprehending arrest in C.P. Case No. 329 of 2022 (Sections 406, 420/34, Indian Penal Code) pending before the learned Chief Judicial Magistrate, Lohardaga, sought anticipatory bail. Petitioner's counsel submitted that the sale deed was executed in 2011 whereas the complaint was filed in 2022, i.e. after expiration of 12 years, and that the purchaser of the land, Hafijul Haque (accused No. 3), had already been granted anticipatory bail in A.B.P. No. 82 of 2023 by the learned Sessions Judge. The learned A.P.P. for the State opposed, stating the land appeared to have been transferred by way of maneuvering. Considering that the sale deed was executed 12 years prior to lodging of the complaint, that the purchaser-accused already enjoyed anticipatory bail, and the attending facts and circumstances, the court granted anticipatory bail: petitioner to surrender within three weeks, and on surrender/arrest to be released on bail bonds of Rs. 25,000/- (twenty-five thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Lohardaga, subject to conditions under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 503 of 2024

Farukh Ansari @ Farooque Ansari ..... … Petitioner Versus

The State of Jharkhand. 2. Kulekha Bibi ..... … Opposite Parties

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Mr. Md. Imtiaz Khan, Advocate. For the State : Mr. Fahad Allam, A.P.P.

02/ 14.03.2024 Heard learned counsel appearing for the petitioner and learned

A.P.P. for the State.

The petitioner is apprehending his arrest in connection with C.P. Case No. 329 of 2022, for the alleged offences under Sections 406, 420/34 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Lohardaga.

Learned counsel appearing for the petitioner submits that the sale deed was executed in the year 2011, wherein the complaint case was filed in the year 2022, i.e. after expiration of 12 years. He submits that the land in question was purchased by one Hafijul Haque, who is accused No. 3 and he has already been provided the privilege of anticipatory bail in A.B.P. No. 82 of 2023 by the learned Sessions Judge.

Learned A.P.P. for the State has opposed the prayer on the ground that it appears that by way of maneuvering, the land has been transferred.

Considering that the sale deed was executed 12 years prior to lodging of the complaint case and the person, who has purchased the land has already been provided the privilege of anticipatory bail in A.B.P. No. 82 of 2023 by the learned Sessions Judge and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Lohardaga, in connection with C.P. Case No. 329 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Amitesh/-