Dismissed

Prabir Dey v. the State of Jharkhand

Jharkhand HC3 Sept 2024B.A./5398/2024

Case brief

AI extract

What is this about?

In a bail application filed in a case of cheating and forgery regarding land purchase involving impersonation, the High Court of Jharkhand heard counsel for both sides and rejected the petitioners bail plea under Sections 419, 420, 467, 468, 471, 474, 427, 452, 506, 120B IPC, holding that the petitioner was instrumental in the forgery.

What did the court decide?

Bail application of the petitioner was rejected.

Prabir Dey Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5398 of 2024

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Prabir Dey, age 57 years, S/o- Lata Netai Dey, R/o-1 No. Freir Road, Naihati Road, P.O. & P.S.- Naihati, District-North, 24 Pargana, West Bengal. ….. ….. Petitioner

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Versus The State of Jharkhand . …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. Rahul Pandey, Advocate For the State : Mr. Sardhu Mahto, A.P.P. --------

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05/ 3^rd September, 2024

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Heard the learned counsel for the petitioner and learned A.P.P. for State and learned counsel for the informant.

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This bail application has been filed on behalf of the abovenamed petitioner with the prayer to release on bail in connection with Pithoria P.S. Case No. 109 of 2023, registered under Sections 419, 420, 467, 468, 471, 474, 427, 452, 506, 120B of the Indian Penal Code, pending in the Court of learned JMFC, Ranchi.

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The FIR of this case was lodged against nine persons with these allegations that the informant is the care taker of the land of his brother Prashant Kumar Ghosh situated in Jamuari Mauja, district Ranchi. On 24.05.2023, at 12:00 noon, the informant was at the very plot found that the boundary of the said land was fenced and it was also found thereon that the said land has been purchased. On queries being made, it was found that Vimal Kumar Singhania had intruded in the very plot and illegally occupied the same by erecting the boundary wall. Thereafter, he made queries in registry office and came to know that by impersonating himself to be Prashant Kumar Ghosh had executed the power of attorney in favour of Nirmal Kumar Sharma who on the basis of forged power of attorney had executed sale deed in favour wife of Vimal Kumar Singhania, namely, Minakshi Singhania. The witness of the

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same were Chandrashekhar Kumar and Devashish Samanta. On 02.01.2023, at 10:00 P.M, Vimal Kumar Singhania had also asked him to sale the very land and in failure to face the consequences. Hence, this FIR was lodged.

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Learned counsel for the petitioner has submitted that the of the petitioner has nowhere mentioned in FIR, rather it transpired during investigation being the identifier of the imposter who had executed the power of attorney in favour of Nirmal Kumar Sharma. Herein it is pertinent that the sale deed was executed on the basis of power of attorney and that power of attorney was not executed by the real owner of the land in question, rather it was executed by some imposter and it was the petitioner who has identified him to be Prashant Ghosh. Moreover, the power of attorney was also executed in State of West Bengal, while the property in dispute is situated in State of Jharkhand. The details of power of attorney and identifier are also made part of case diary at the page 148 of the same. As such it was the petitioner who was instrumental in executing the power of attorney by the imposter in favour of Nirmal Kumar Sharma, on the basis of which the sale deed was executed. As such, he was very much instrumental in forging the power of attorney whereby the sale deed was executed.

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In view of the above, the bail application of the petitioner is hereby rejected.

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(Subhash Chand, J.)

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Rashmi

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Prabir Dey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prabir Dey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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