A court granted anticipatory bail to the petitioner in an alleged cheating case contingent upon his surrender before the seisin court within two weeks, to be released on such terms as deemed just and proper.
Direction to grant bail on terms to be fixed by the seisin court if the petitioner surrenders within two weeks.
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ABLAPL No. 10109 OF 2017
Learned counsel for the petitioner submits that this petitioner being directed by the accused- Ugrasen Sahu, Managing Director of Jagat Janani Infrastructure had executed the registered sale deed and that he could not avoid because of the fact that he was an employee in that company earning his bread and butter. He further submits that when the matter was known to the petitioner that the land as per the deed is non-existent in the field, so as to get rid of liability, he paid a sum of Rs.3,00,000/- to the complainant. Therefore, he urges for grant of anticipatory bail to these petitioners.
Learned Additional Standing Counsel submits that in course of investigation, the money receipt as regards the payment as submitted has been produced by the petitioner and then the complainant was present.
Considering the submissions made and keeping in view the nature of accusations made against this petitioner, as well as the surrounding circumstances, it is directed that in the event the petitioner surrenders before the court in seisin of the case within two weeks hence, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said court.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in the event of his arrest in an alleged cheating case.
Whether the petitioner should surrender within two weeks to avail bail in the said case.
1 provisions across 1 enactments
Petitioner
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
