Allowed

Md. Sajjad Akhtar v. The State Of Bihar

Patna HC7 Jul 2014CR. MISC./14808/2014

Case brief

AI extract

What is this about?

In this bail application, the Patna High Court granted the petitioner release on bonds of Rs. 10,000 with two sureties. The court accepted the petitioner's submission that he was no longer an employee of the company when the alleged offence occurred.

What did the court decide?

The petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount.

Md. Sajjad Akhtar Vs The State Of Bihar — Cheating and Forgery | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No. 14808 of 2014

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Arising Out of PS.Case No. -237 Year- 2013 Thana -TEGHRA District- BEGUSARAI ====================================================== Md. Sajjad Akhtar, Son of Late Suleman, Resident of Village- Miyanjee Tola, P.S.-Teghra, District- Begusarai. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3. 07-07-2014 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant, who has suo motu appeared. The petitioner seeks bail in Teghra P.S. Case No. 237 of 2013 dated 01.11.2013 instituted for offence punishable under Sections 406/420/34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that in the entire First Information Report the only connection with the petitioner is that he being the Development Officer of the company had made agents who collected money which was deposited in the company. Learned counsel submits that in the F.I.R. itself it has been admitted that till the beginning of 2013 the company was functioning well and in fact repayments were also made to the investors but after that the situation started deteriorating

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Patna High Court Cr.Misc. No.14808 of 2014 (3) dt.07-07-2014

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and the company office was also closed. Learned counsel has filed supplementary affidavit today in which Annexure-4 is photo copy of letter dated 22.07.2011 by the company based in Kolkata which discloses that the service of the petitioner was terminated with immediate effect. Learned counsel submits that the allegation is not that the petitioner was the owner of the company or that the company itself was fictious or even illegal. It is submitted that till the time the petitioner was in the employment, he did the job of making agents and getting deposits but the moment he left, he cannot be held responsible for what the company does or with regard to the conduct of other office bearers of the company. Learned counsel further submits that the petitioner has clean antecedent and is in custody since 28.02.2014.

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Learned A.P.P. and learned counsel for the informant submit that it has come during investigation that at the behest of the petitioner the money was deposited by the investors.

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Learned counsel for the petitioner, by way of reply submits that there is no dispute with the petitioner being the Development Officer and had made agents and accounts were opened of persons in the company but at the same time, it is also a fact that till the time the petitioner was in the employment of the company, there was no complaint and much after that things allegedly had started to

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Patna High Court Cr.Misc. No.14808 of 2014 (3) dt.07-07-2014

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deteriorate.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Teghra P.S. Case No. 237 of 2013. The petitioner shall cooperate in the trial and shall be present on each and every date fixed in the case. Failure to do so on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds.

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(Ahsanuddin Amanullah, J.)

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Anand Kr.

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Md. Sajjad Akhtar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Sajjad Akhtar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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