Anup Joshi vs State Of Jharkhand on 5 May, 2011

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Jharkhand High Court

Anup Joshi vs State Of Jharkhand on 5 May, 2011

Bench: Jaya Roy

                                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                                                                 A.B.A.  No. 843 of 2011
                                                                                              
                                      Anup Joshi                                                           ..      ...  ...         Petitioner.
                                                                                  Versus
                              The State of Jharkhand.                                         ... ...                   ...       Opp.party.
                                                                                    
                                                  CORAM                      : HON'BLE MRS. JUSTICE JAYA ROY
                                                                               
                                                                   For the Petitioner : Mr. V. Shivnath, Sr. Advocate .
                                                                   For the State              : Mr. A.B.Mahto, A. P. P.
                                                                                    
                  05/05.05.2011

Heard counsel for the petitioner and counsel for the State.

It has come in the complaint petition that the complainant has advanced an amount of Rs.53/ lakhs to the petitioner for the construction of road and railway line etc. but the work done by the petitioner was only for a sum of Rs.30/ lakhs. Therefore, there is dispute between the parties for the rest of the sum advanced by the complainant to the petitioner i.e. Rs.23/ lakhs approximately. After hearing both the parties, I direct the petitioner to surrender before the court below(Chief Judicial Magistrate, Ranchi) within two weeks from the date of this order and on his so surrender, the Chief Judicial Magistrate, Ranchi will release him on bail on furnishing bail bond of Rs.10,000/ with two sureties of the like amount each to his satisfaction in connection with Complaint Case no.1784/2010 subject to the conditions:

(i) The petitioner will deposit a sum of Rs.10/ lakhs in any nationalised Bank in the name of the complainant in a Fixed deposit of five years term and after deposition of the said amount, the petitioner will produce and file the original receipt for such deposit before the court below; (ii)The Bank will only release the said amount in favour of the complainant subject to the result of the case.

(iii)One of the bailors will be the close relative of the petitioner having immovable property within the jurisdiction of the trial court; and subject to the conditions as laid down under Section 438(2) Cr.P.C. With this observation, this application is disposed of.

( Jaya Roy, J.) Biswas

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Jharkhand High Court