IN THE HIGH COURT OF JHARKHAND AT RANCHI k
A.B.A. No. 2826 of 2011
Zakiur Rahman @ Md. Zakiur Rahman @ Rahman ... ... Petitioner
-V e r s u s -
The State of Jharkhand ... ... Opposite Party
CORAM: - HON'BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner : Mr. Kaushik Sarkhel, Advocate.
For the State: : APP.
For the Informant: Mr. Sujit Narayan Prasad, Advocate.
04/20.10.2011
The petitioner is an accused in connection Complaint Case No. 553 of
2010 registered under Sections 420, 468, 471 of the Indian Penal Code.
It reveals from the complaint that the complainant had purchased a Flat
in Al-Rahman Apartments at Doranda constructed by M/s. Hut & Hill Construction &
Developers Pvt. Ltd.. The petitioner happens to be the Managing Director of the
said Company. It is alleged that the complainant was put under wrong impression
that the building plan of the said Apartment was duly approved by the Ranchi
Regional Development Authority but it was not done so and, therefore,
apprehending loss, the complainant has lodged this case.
It is submitted that one of the Directors Mrs. Samira Fatima has already
been granted anticipatory bail vide order passed in A.B.A. No. 1045 of 2011 on the
condition of furnishing Bank Guarantee to the extent of Rupees Nine Lac. (Rs.9
Lac.) giving liberty to the complainant to have that amount if the building is
demolished due to non sanction of building plan. Since the condition has been
complied with, the interest of the complainant is secured and therefore, said Samira
Fatima has been granted privilege of anticipatory bail. It is further submitted that the
petitioner also deserves anticipatory bail.
Learned counsel for the complainant has opposed the prayer for
anticipatory bail and submitted that the said Firm has given wrong recital. It is
further contended that the concerned Firm may be bind out to have the building
plan sanctioned legally within stipulated period.
Since one of the accused having more or less similar allegations, has
been granted anticipatory bail, the petitioner abovenamed, is directed to surrender
before the Court below within a period of three weeks from today and on such
surrender, he is directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of Judicial Magistrate, First Class, Ranchi in connection Complaint
Case No. 553 of 2010 subject to the condition as laid down under Section 438(2) of
the Cr.P.C.. The petitioner is also directed to furnish an undertaking to expedite the
appeal and other pending cases. The bailors must be local having property within
the jurisdiction of the Court.
RC/ (D. N. Upadhyay, J.)