Jharkhand High Court
Kabiruddin Sk @ Kabiruddin vs The State Of Jharkhand on 27 February, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.8319 of 2019
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Kabiruddin Sk @ Kabiruddin .... .... .... Petitioner Versus
1. The State of Jharkhand
2. Rahim Sk. .... .... ....Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. A.K. Chaturvery, Advocate
: Md. Yasir Arafat, Advocate
For the State : Mr. Satish Kumar Keshri, A.P.P
For the O.P. No.2 : Mr. Indu Shekhar Gupta, Advocate
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Order No.04 Dated- 27.02.2020
Apprehending his arrest in connection with Pakur (M) P.S. Case No. 163 of 2018 instituted under Sections 406, 420, 467, 468, 471, 341, 323, 307, 379, 120B/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard the parties.
Both the petitioner and opposite party no.2 are present in this Court today.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that by suppressing the fact that land which was sold by him to the informant was acquired by Government has cheated the informant of Rs.1,55,000/- and when the informant demanded the said money, he was assaulted. It is submitted that the allegation against the petitioner is false and the petitioner is ready and willing to return Rs.2,05,000/- to the informant if the informant executes the sale deed in favour of the petitioner at the cost of the petitioner. It is lastly submitted that the petitioner is ready and willing to co- operate with the investigation of the case and to deposit a demand draft of Rs.2,05,000/- without prejudice to his defence in this case in favour of the opposite party no.2-Rahim Sk. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned counsel for the opposite party no.2 and learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submits that the opposite party no2 who is present in this court today and submits that he is ready and willing to execute the sale deed in favour of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioners are directed to surrender in the Court of learned Sub-Divisional Judicial Magistrate, Pakur within four months from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.2,05,000/- without prejudice to his defence in this case and his submitting an undertaking of depositing another demand draft of the value of stamp paper and the registration charges of the sale deed to be executed by the informant, drawn in favour of the opposite party no.2-Rahim Sk and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pakur in connection with Pakur (M) P.S. Case No. 163 of 2018 with the condition that he will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the opposite party no.2-Rahim Sk calling upon the opposite party no.2 to execute the sale deed in respect of the same plot for which the petitioner executed the sale deed in his favour and to produce the same in original in the trial court within one month from the date of receipt of the notice issued by the trial court. The trial court will release the aforesaid demand draft in favour of the petitioner on the petitioner depositing another demand draft of the value of stamp paper and the registration charges of the sale deed to be executed by the informant. If the informant fails to produce the sale deed within one month from the date of receipt of the notice, the trial court will return the demand draft produced by the petitioner. If the petitioner fails to deposit another demand draft of the value of stamp paper and the registration charges of the sale deed to be executed by the informant, within a month of his receiving notice of the sale deed executed by the informant, then bail, if any granted to him shall be cancelled and the petitioner be taken into custody for failing the trial, if necessary resorting to coercive steps.
Pappu/ (Anil Kumar Choudhary, J.)