Bundi Barla Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Bundi Barla Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail: petitioner to surrender within three weeks, and on surrender/arrest to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Gumla, subject to conditions under section 438(2) CrPC.

Issue for consideration

Whether Bundi Barla, apprehending arrest in Ghaghra P.S. Case No.80 of 2023 (sections 419, 420, 467, 468, 34 IPC) pending before the SDJM, Gumla, should be extended the privilege of anticipatory bail.

Ratio / Principle

On the supplementary affidavit, the documents suggested that the petitioner had himself invested Rs.6 lacs in the Mutual Fund company and had lodged a case against the Mutual Fund companies, indicating he was himself an investor/victim.

Key takeaways

In the attending facts and circumstances, the Court was inclined to extend the privilege of anticipatory bail to the petitioner.ratio¶14
Petitioner directed to surrender within three weeks; upon surrender/arrest he is to be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions under section 438(2) CrPC.ratio¶15

Detailed headnote1 paragraphs

Anticipatory Bail - Jharkhand High Court, Ranchi (A.B.A. No.660 of 2024, decided 19.04.2024, Sanjay Kumar Dwivedi, J.) - Petitioner Bundi Barla apprehended arrest in Ghaghra P.S. Case No.80 of 2023 under sections 419, 420, 467, 468, 34 IPC, pending before the learned Sub Divisional Judicial Magistrate, Gumla - Counsel submitted the petitioner, an agent, had himself invested Rs.6 lacs in Vikas Mutual Benefit Nidih Limited Company and had filed a complaint against the officials of the Mutual Fund companies, i.e., he was himself a victim; State counsel opposed on the ground that money had been misappropriated by the Mutual Fund company - On the supplementary-affidavit documents showing the petitioner's own investment and complaint, the Court extended the privilege of anticipatory bail, directing surrender within three weeks with release on bail on a bond of Rs.25,000/- with two like sureties, subject to section 438(2) CrPC conditions - Application allowed.

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No.660 of 2024

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Bundi Barla

.... Petitioner

-- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner :- Mr. Mohit Prakash, Advocate For the State :- Mrs. Nehala Sharmin, Advocate

5 /19.04.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Ghaghra P.S.Case No.80 of 2023, for the offence registered under sections 419, 420, 467, 468, 34 of the IPC, pending in the court of learned Sub Divisional Judicial Magistrate, Gumla.

Learned counsel for the petitioner submits that the petitioner being the agent has also invested a sum of Rs.6 lacs in the Vikas Mutual Benefit Nidih Limited Company and others and to buttress his such argument he draws the attention of the Court to the supplementary affidavit wherein the relevant documents of receiving the amount by the company has been annexed. He submits that the petitioner has also filed the complaint against the officials of the Mutual Fund companies and the petitioner himself is a victim.

Learned State counsel opposed the prayer on the ground that money has been misappropriated by the Mutual Fund company.

In the supplementary affidavit the documents suggest that the petitioner has also invested a sum of Rs.6 lacs in Mutual Fund company in which he has lodged the case against the Mutual Fund companies, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

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 Sub Divisional Judicial Magistrate, Gumla, in connection with Ghaghra P.S.Case No.80 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.)

SI/