Bishwanath Ravidas vs The State Of Jharkhand on 3 July, 2017

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Jharkhand High Court

Bishwanath Ravidas vs The State Of Jharkhand on 3 July, 2017

Bench: Anil Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    A.B.A. No. 3474 of 2017

            Bishwanath Ravidas                                ...     Petitioner(s)
                                             Versus
            The State of Jharkhand                            ...    Opp. Party

        Coram:     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


        For the Petitioner(s)            : Mr. Birat Kumar, Adv.
        For the State                    : Addl. P.P.

04 /03.07.2017

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Taljhari P.S. Case No. 25 of 2017 (G.R. No. 221 of 2017) registered under sections 406, 420, 467, 468, 471, 504, 506, 34 and 120 B of the Indian Penal Code.

Heard learned counsel appearing for the petitioner and the learned Addl. P.P. for the State.

The learned counsel for the petitioner submits that the petitioner being an agent of M/s PACL India Ltd Company had induced the informants namely Tala Marandi, W/o of Sikar Soren to deposit Rs.7,500/-, Pradhan Murmu to deposit Rs.10,000/-, Hopomay Hansda to deposit Rs.9,000/- and Tala Marandi W/o Gunju Bashki to deposit Rs.10,000, in the said company but he has not returned the same, whose details has been given in para-10 of the case diary. The learned counsel, further, submits that the petitioner is a mere agent and he has no intention of cheating anybody. In Civil Appeal No. 13301 of 2015, the Hon'ble Supreme Court of India vide order dated 02.02.2016 has been pleased to constitute a Committee, under the Chairmanship of Hon'ble Mr. Justice (Retd.) R. M. Lodha to take possession of the title deeds of the company, sell the properties and make the payment to the investors of the Company PACL India Ltd and when the properties are sold, the money invested by the petitioner will be repaid but without prejudice to his defence he is ready and willing to deposit half of the amount to the said persons in the court concerned, which in total amounts to Rs.18,250/-. Hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant privileges of anticipatory bail to the petitioner Bishwanath Ravidas. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing Rs. 18,250/- as half of the amount deposited by the above said four persons and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM., Rajmahal, in connection with Taljhari P.S. Case No. 25 of 2017 (G.R. No. 221 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner deposit the said money in the court of learned ACJM., Rajmahal, the court is directed to issue notice to the said victims named above in this order and the amount be released in their favour, after proper identification in the following manner Tala Marandi, W/o of Sikar Soren Rs. 3,750/-, Pradhan Murmu Rs.5,000/-, Hopomay Hansda to deposit Rs.4,500/- and Tala Marandi W/o Gunju Bashki Rs. 5,000/-.

(Anil Kumar Choudhary, J.) Sonu-

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Jharkhand High Court