Jharkhand High Court
Abul Basar Alias Tuful Shaikh Alias ... vs The State Of Jharkhand on 24 July, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND, RANCHI
B.A. No. 9899 of 2016
Abul Basar @ Tuful Shaikh @ Tutul Skaish ..... Petitioner(s)
Versus
State of Jharkhand & Ors. .... Opp. Party(s)
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner(s) : Mr. Saurabh Shekhar, Advocate.
For the State : Mr. Moti Gope, APP
For the Informant : Mr. Ranjit Kumar, Advocate
Mr. B. Chandra, Advocate.
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09/24.07.2017. Heard learned counsel appearing for the petitioner and learned A.P.P. for the State.
The petitioner, who is an accused for offence under Sections 420, 406, 468, and 471 of the Indian Penal Code, prays for regular bail in connection with Maheshpur P. S. Case No.87 of 2016, pending in the court of learned C.J.M., Pakur.
It appears that Complaint Petition being P.C.R. Case No.210 of 2016 was filed by the complainant which was sent to the concerned Police Station under Section 156(3) Cr.P.C. for investigation and institution of a case. It is alleged that while the informant was going to Pakur, he met with petitioner who is agent of PACL Ltd. and also disclosed him about the schemes. Thereafter it is alleged that from several persons, huge amount was collected, but after maturity, amount was not paid.
Learned counsel for the petitioner submits that the petitioner has been languishing in jail custody since 04.08.2016.
Further, it appears that in terms of the directions of this Court, investigation with regard to instant case was handed over to the CBI on 15.05.2017.
Counsel for the CBI was directed to take instruction vide order dated 15.05.2017 passed by this Court as to whether the matter has been taken over by the CBI, but today he submits that regular case has not been instituted till date.
Supplementary affidavit on behalf of the petitioner has been filed bringing on record in terms of the order of the Hon'ble Supreme Court in Civil Appeal No.13394 of 2015 in the case of PACL Ltd. Vs. Securities & Exchange Board of India and all its connected matters, a Committee was constituted under the chairmanship of My Lord, Hon'ble Mr. Justice R. M. Lodha, Former Chief Justice of India.
-2-It was further submitted that the order of the company has been annexed vide Annexure-7 & 8, a general notice has been issued in which it is shown that the company has gone into liquidation.
Regard being had to the facts and circumstances, the petitioner, above-named, is directed to be released on regular bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Pakur, in connection with Maheshpur P.S. Case No. 87 of 2016 corresponding to G.R. No. 507 of 2016, subject to condition that one of the bailors should be the near relative of the petitioner.
(Anant Bijay Singh, J.) Sandeep/