Anil Kumar Vs. State of Jharkhand

- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant. - 2. learned counsel appearing for the petitioner submits that it is the case of (he prosecution that parmeshwar gupta applied for grant of house building loan, his application as well as documents supplied therewith were sent to one mantu sharma, advocate for its verification and mantu sharma submitted a report wherein he reported that all the documents which had been submitted are genuine and the parmeshwar gupta is in possession over the land and on that basis house building loan was sanctioned and subsequently cash credit loan to the extent of rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of chief judicial magistrate, bokaro in sector iv p.orderr.r. prasad, j.1. heard learned counsel appearing for the petitioner and learned counsel appearing for the state.the petitioner has been apprehending his arrest in sector iv p.s. case no. 188 of 2007 registered under sections 420/406/409/467/468/471/472/473/474/120b of the indian penal code.2. learned counsel appearing for the petitioner submits that it is the case of (he prosecution that parmeshwar gupta applied for grant of house building loan, his application as well as documents supplied therewith were sent to one mantu sharma, advocate for its verification and mantu sharma submitted a report wherein he reported that all the documents which had been submitted are genuine and the parmeshwar gupta is in possession over the land and on that basis house building loan was sanctioned and subsequently cash credit loan to the extent of rs. 2 lacs was sanctioned in favour of parmeshwar gupta but in course of time it was detected that report submitted by mantu sharma was incorrect and, in fact, all those documents which had been submitted along with the application of parmeshwar gupta were forged and therefore, a case has been lodged wherein this petitioner, who was posted at the relevant time a caretaker-cum-assistant of the co-operative bank, bokaro had also been made accused though the petitioner did not play any role rather on the basis of recommendation made by mantu sharma, he processed the file and thereby he did not commit any offence.3. regard being had to the facts and circumstances of the case, the above named petitioner is directed to surrender before the court below within ten days from today, he be enlarged 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 chief judicial magistrate, bokaro in sector iv p.s. case no. 188 of 2007 (g.r. no. 1562 of 2007) subject to condition laid down under section 438(2) of the code of criminal procedure.