Jharkhand High Court
Samir Kundu @ Samir Ch. Kundu @ Sameer ... vs The State Of Jharkhand on 25 April, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7883 of 2018
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Samir Kundu @ Samir Ch. Kundu @ Sameer Kundu .... .... .... Petitioner Versus
1. The State of Jharkhand
2. Krishna Bhalotia .... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Chandra G. A. Bardhan, Advocate
For the State : Addl.P.P.
For the O.P. No.2 : Mr. Manish Kumar, Advocate
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Order No.03 Dated- 25.04.2019
Apprehending his arrest in connection with Chandil P.S. Case No.159 of 2017 corresponding to G.R. No.891 of 2017 instituted under Sections 406/420/120B/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard the parties.
Learned counsel appearing for the petitioners submits that the allegation against the petitioner is that the petitioner who is a broker has taken a sum of Rs.1,00,000/- on behalf of the co-accused Mutuk Singh @ Butuk Singh to sell their land to the informant after obtaining the permission as per law from the Deputy Commissioner, Saraikella, Kharsawan but he is neither returning the said amount nor taking any steps for transfer of the land bearing plot No.177, Khata No.17, Mauja Ramgarh, Area 1.76 acre after obtaining necessary permission from the Deputy Commissioner, Saraikella, Kharsawan. It is submitted that the allegations against the petitioner is all false and the dispute between the parties is basically a civil dispute. It is also submitted that the petitioner is ready and willing to co-operate in all possible manner for transfer of the said land to the informant by the co-accused Mutuk Singh @ Butuk Singh after taking necessary permission from the Deputy Commissioner, Saraikella, Kharsawan besides other coparceners of the co-accused Mutuk Singh @ Butuk Singh after the permission is granted by Deputy Commissioner, Saraikella, Kharsawan and after receipt from the informant of the amount of his 1/4th share of the amount which will be fixed by the Deputy Commissioner, Saraikella, Kharsawan less Rs.1,75,000/- which has been taken as advance from the informant by the co-accused Mutuk Singh @ Butuk Singh as well as by the present petitioner on his behalf, the co-accused Mutuk Singh @ Butuk Singh will execute the sale deed in favour of the informant. It is further submitted that petitioner is ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 jointly submit that if the petitioner is ready and willing to co-operate with the transfer of the said land and for obtaining permission for transfer of the said land from the Deputy Commissioner, Saraikella, Kharsawan, they do not have any objection to the prayer for anticipatory bail 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 petitioner is directed to surrender in the Court of learned Sub-Divisional Judicial Magistrate, Seraikella within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Seraikella in connection with Chandil P.S. Case No.159 of 2017 corresponding to G.R. No.891 of 2017 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 he will also co-operate for obtaining permission for transfer of the land in question bearing plot No.177, Khata No.17, Mauja Ramgarh, Area 1.76 acre and will also ensure transfer the said land to the informant after receiving the amount as mentioned above by the co-accused Mutuk Singh @ Butuk Singh and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Animesh / (Anil Kumar Choudhary, J.)