Jharkhand High Court
Sheikh Anwar Alias Sk Anwar vs The State Of Jharkhand on 9 November, 2012
Author: D.N.Upadhyay
Bench: D.N.Upadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4030 of 2012
1. Sheikh Anwar @ Sk Anwar
2. Sheikh Javed Ali @ Javed Ali
3. Sheikh Hafizul Rahman @ Sk Hafizul Rahman
4. Hazi Ashraf Ali @ Hazi Ashraf
5. Juber Alam .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. R.S. Majumdar
For the opposite party : Addl.P.P.
09.11.2012Heard the learned counsel for the petitioners and the learned counsel for the State.
This is an application for grant of anticipatory bail filed by the petitioners in connection with Nirsa P.S case No. 90 of 2012 for the offence registered under sections 418/420/120B of the Indian Penal Code.
It reveals from the complaint that the accused persons figuring in serial nos. 1 to 4 sold the land in dispute in favour of accused no. 5,6 and 7. In the sale deed, accused no. 8 and 9 signed as witnesses, though accused no.5 to 9 are petitioners in this application.
It is submitted that petitioners no.1 to 3 are purchasers, whereas petitioners no.4 and 5 are witnesses and they cannot be held liable if accused no.1 to 4 have committed any forgery. The land has been purchased by the petitioners after payment of market value of the land.
Learned counsel for the State has opposed the prayer. Since petitioners are purchasers and witnesses, they are directed to appear/ surrender before the court below within a period of four weeks positively from the date of this order and on their surrender, they shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Dhanbad, in connection with Nirsa P.S. case No. 90 of 2012 ( GR No. 1367 of 2012), subject to the conditions laid down under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)