Bail application filed under Section 439 Cr.P.C. in a criminal case involving alleged fraud and cheating. The court observed the dispute centers on civil consideration payment and granted bail pending surrender within two weeks, with conditions.
Petitioners directed to surrender within two weeks for grant of bail on just terms with conditions.
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ABLAPL No.10778 of 2020
The matter is taken up through video conferencing.
The petitioners having been implicated in G.R. Case No. 785 of 2019 arising out of Koraput Sadar P.S. Case No.81 of 2019 registered for alleged commission of offence under sections 447/427/294/506/420/406 IPC pending in the court of learned S.D.J.M., Koraput have filed this application under section 439, Cr.P.C. for their release on bail.
Learned counsel for the petitioners submits that here the dispute centers around the issue as to whether the informant has been paid with the agreed consideration amount for which the land has been sold under the registered sale deed. He further submits that as against the averments of the sale deed as to the payment of agreed consideration, now some other stories are introduced inflating the consideration and it is clear that when it has been written in the sale deed that the consideration money has been paid before the execution under registration of the sale deed and has been acknowledged by the informant; the same is disputed. He also submits that even if for a moment, it is accepted that the informant has some grievance for non-receipt of the agreed consideration, the same is a matter to be decided by the Competent Civil Court and in fact the petitioners such a dispute being raised from the side of the informant, the petitioner no. 1 has filed a Civil Suit for declaration of her right, title and interest with other reliefs and therefore, now the Court will find on evidence as to whether the facts alleged by the informant in the FIR are true or not. He therefore submits that when it is a dispute of civil nature, lodging of the FIR giving rise to the criminal case is only to harass these petitioners and thereby mount pressure upon these petitioners to surrender to the illegal demand. He therefore urges for grant of bail to the petitioners
in the event of their arrest as there remains no scope on their part to flee from justice or tamper the evidence.
Learned counsel for the State and informant submit that here as per the informant’s version, the very execution and registration of the sale deed is based upon the promise of the petitioners to pay the consideration money later which has been breached by the petitioners. They submit that the informant having believed, the petitioners in good faith and then having executed the sale deed are now facing the music. He further submits that when the petitioners are having the sale deed with them as also the mutated record of right, the very action in filing the civil suit for declaration of their right, title and interest raises the eyebrows as to the genuineness of their assertion as regards payment of consideration.
Considering the submissions made and on going through the FIR averments as also the documents; it is directed that in the event the petitioners surrender before the court in seisin of the case in the aforesaid case within two weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that they will not indulge themselves in any criminal activities and will not terrorize or threaten the informant.
The ABLAPL is disposed of.
…………………..
D. Dash,J.
Aks
1 issue framed by the court
Whether bail ought to be granted where a civil dispute over consideration under a sale deed drives the alleged offence potentially to harass the accused.
2 provisions across 2 enactments
Petitioners
State and Informant
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
