Jharkhand High Court
Puran Chandra Poddar vs The State Of Jharkhand .... .... Opp. ... on 24 January, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.13333 of 2021
Puran Chandra Poddar ..... ... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. N.K. Pasari, Advocate
For the State : Mr. Saket Kumar, A.P.P.
For the Informant : Mr. Sahilendra Jit, Advocate
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03/24.01.2022 Heard learned counsel for the applicant and learned A.P.P. for
the State.
Learned counsel for the applicant undertakes to remove the defects, as pointed out by the office within a period of one week.
This bail application has been filed on behalf of the applicant-Puran Chandra Poddar with prayer to release on bail in connection with Gola P.S. Case No.53 of 2021 registered under Sections 406/420 of the Indian Penal Code pending in the court of learned Judicial Magistrate, 1st Class, Ramgarh.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged against the applicant in regard to committing fraud and also misappropriating the amount of Rs.7,02,000/- for not executing the sale deed in favour of the informant despite the agreement in writing between the parties.
Learned counsel for the applicant has submitted that admittedly the transaction between the parties in regard to selling the land took place but the informant failed to pay the consideration as per agreement. He had paid an amount of Rs.2 lacs through cheque which was dishonoured. The proceeding in regard to dishonor of cheque was lodged on the complaint made by the applicant against the informant. It is further submitted that the dispute between the parties is of civil nature and the applicant has been languishing in jail since 30.07.2021.
Learned A.P.P. appearing on behalf of the State as well as learned counsel for the informant vehemently opposed the contentions made by the learned counsel for the applicant and contended that the applicant has admitted his liability in regard to payment of the amount made by the informant but he neither refunded the amount of the informant nor executed the sale deed. Learned counsel for the informant also admitted that no civil proceeding has been initiated against the applicant.
-2-In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.) Rohit