The Patna High Court enlarged two petitioners on bail in a complaints case involving cheating and criminal conspiracy, noting immunity post-charge-sheet and prior release of co-accoussed via compromise.
Enlargement of petitioners on bail with bonds of Rs. 10,000/- each and specific surety conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50687 of 2016
Arising Out of PS.Case No. -16 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR)
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
Petitioners are languishing in judicial custody since 19.09.2016 in connection with Chand P.S. Case No. 16 of 2016, G.R. No. 482 of 2016 registered for the offence punishable under Sections 420, 406 and 120(B) of the Indian Penal Code.
The prosecution case, by way of Complaint Case No. 1503 of 2007 filed by one Kalika Ram, is that petitioner no.1, who is alleged to be an agent and petitioner no.2, who is alleged to be the Director discussed about M/s Security Life and Sons and made members to 1200 women and took Rs. 150/- from each member and thereafter embezzled a sum of
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Rs. 2,20,000/-.
It has been submitted by the learned counsel for the petitioners that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence and that co-accused Laxwanti Devi, Raj Kumar and Babu Lal Ram have since been granted the privilege of bail by the learned Court below itself on the basis of compromise between the parties and that all amount has been refunded to the beneficiaries. Learned counsel for the petitioners has filed a supplementary affidavit stating therein that the complainant has also entered into compromise and now no dues are left to be paid by the petitioners or other co-accused.
However, learned A.P.P. for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since charge-sheet has already been submitted, let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Kaimur at Bhabua in connection with Chand P.S. Case No. 16 of 2016, G.R. No. 482 of 2016, subject to the condition that
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one of the bailors would be close relative and other bailor would be a person, who has sufficient immovable properties within the jurisdiction of the concerned police station.
(Nilu Agrawal, J.)
Arjun/-
U T
1 issue framed by the court
Whether the petitioners entitled to be enlarged on bail after charge-sheet filed in a compromiseable offence.
1 provisions across 1 enactments
Vinod Ram
Hira Lal
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
