IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2140 of 2011
Bishwarup Nag ... ... ... Petitioner
Versus
The State of Jharkhand ... ... ... Opposite Party
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CORAM : HON'BLE MRS. JUSTICE JAYA ROY
For the Petitioner : Mr. Indrajit Sinha, Advocate
For the State : Mr. T.N. Verma, A. P. P.
03/26.09.2011
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is apprehending his arrest in connection with
the case registered under Sections 420/406 of the Indian Penal Code.
Learned counsel for the petitioner submits that the
complainant has filed a case after five years which casts doubt on the
prosecution case. It is further contended that the amount of Rs. 2,00000/- (two
lakhs) has been given to the wife of the complainant as a loan and for
repayment of the said loan, the said cheque was given to the petitioner.
Learned counsel for the State submits that regarding the
loan, petitioner could not annexed any document to prove his contentions.
In the facts and circumstances of the case, I direct the
petitioner, above named, to surrender in the court below and deposit of a sum
of Rs. 50,000/- (Fifty thousand) in the trial Court within a period of one month
from the date of this order i.e. 26.09.2011 and after deposit of the aforesaid
amount if he surrenders within the said period, the trial Court is directed to
release him on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand)
with two sureties of like amount each to the satisfaction of Judicial Magistrate
at Jamshedpur in connection with C/1 Case No. 3333 of 2009, subject to the
condition that one of the bailors will be his close relative and another will be of
local resident having immovable property within the jurisdiction of the trial
court and also subject to the conditions laid down under Section 438(2) of the
Cr.P.C.
The trial Court is also directed to fix the aforesaid amount as
fix deposit for a long term in any nationalized bank in the name of the
Registrar of Civil Court, Jamshedpur.
However, the trial Court will not release the amount till the
conclusion of the trial, in favour of any of the parties, it will be released after
conclusion of the trial subject to the result of this case.
However, the trial Court will not be prejudiced in trial for the
deposit of the said amount by the petitioner.
(Jaya Roy, J.)
Satayendra