Abdur Raheem Ansari and Ors Vs. The State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1966 of 2016 1. Abdur Raheem Ansari 2. Md. Manjoor @ Majoor 3. Liyakat Hussain 4. Abdul Barik 5. Arjun Thakur 6. Niyamat Hussain 7. Murshid Ahmad 8. Ghulam Rabbani …… Petitioners Versus The State of Jharkhand & Anr. …… Opp. Parties WITH A. B. A. No. 1619 of 2016 Sanjay Mahto …… Petitioner Versus The State of Jharkhand through C.B.I … … Opp. Party WITH A. B. A. No. 3211 of 2016 Kartik Kumar Verma … … Petitioner Versus The State of Jharkhand through C.B.I. … … Opp. Party WITH A. B. A. No. 3254 of 2016 Md. Khurshid Alam … … Petitioner Versus The State of Jharkhand through C.B.I. … … Opp. Party WITH A. B. A. No. 3699 of 2016 Ashwani Singh & Anr. … … Petitioners Versus The State of Jharkhand through C.B.I. … … Opp. Party WITH A. B. A. No. 4274 of 2016 Mumtaz Mian … … Petitioner Versus The State of Jharkhand through C.B.I. … … Opp. Party -------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Nilesh Kumar, Advocate. Mr. Prem Prakash, Advocate. Mr. Rajesh Kumar, Advocate. For the CBI : Mr. K.P. Deo, S.C. For the O.P. No. 2 : Mr. Pratiyush Kumar, Advocate. --------- -2- 17/Dated:

03. 11/2017 A.B.A. No. 1966 of 2016 Today, when the case is called out, learned counsel for the petitioners has submitted that he will file the required supplementary affidavit in course of the day. A.B.A. No. 1619 of 2016 Pursuant to order dated 13.07.2017, supplementary affidavit has been filed on behalf of petitioner – Sanjay Mahto, wherein at para-2, it has been stated that the petitioner was sanctioned a loan of Rs. 16 lacs, but actually he got only Rs. 5,50,000/- and rest amount of Rs. 10,50,000/- has been misappropriated by the broker. In para-3, it has been stated that petitioner has repaid Rs. 2,65,373/- to the bank and he is ready to pay Rs. 3,00,000/- to the bank. Learned counsel for the petitioner is directed to mention the name of the broker on the next date. A.B.A. No. 3211 of 2016 Pursuant to order dated 13.07.2017, a supplementary affidavit has been filed on behalf of the petitioner – Kartik Kumar Verma, wherein it has been stated in para-2 that the Punjab National Bank, Hazaribagh has sanctioned a loan of Rs. 15,00,000/- in two installments to the petitioner, first installment of Rs. 7 lacs on 08.03.2013 and second installment of Rs. 8 lacs on 20.03.2013 and it has been further stated that out of the sanctioned loan Rs. 6,00,000/- was withdrawn by the middle man, but the name of middle man has not been mentioned. It is further stated that out of Rs. 15 lacs, petitioner has deposited Rs. 6,63,069/-, whereas respondent bank has filed an affidavit and according to the accounts of the bank Rs. 11,19,684/- is the outstanding dues till the date of filing of the affidavit. Learned counsel for the petitioner has submitted that petitioner is ready to deposit Rs. 5,00,000/- in two installments. So, learned counsel for the petitioner is directed to take instruction about the duration of the installments, so that appropriate order will be passed. A.B.A. No. 3254 of 2016 Pursuant to order dated 13.07.2017, a supplementary affidavit has been filed on behalf of the petitioner, wherein at para-2, it has been stated that Rs. 13 lacs was sanctioned to -3- petitioner by way of loan in two installments and out of which Rs. 7 lacs was transferred on 28.09.2012 and second installment of Rs. 5 lacs was transferred on 12.10.2012. Out of total amount of Rs. 13 lacs, petitioner has paid Rs. 4,03,051/- and as per affidavit of the bank as on date of filing of affidavit, Rs. 10,42,115/- is outstanding. It is further submitted in para-4 that out of Rs. 13 lacs, 9,18,000/- was withdrawn by the broker Abdul Raheem Ansari through different cheques. It is averred in para-6 of the affidavit, that petitioner is ready to deposit 50% of the outstanding dues. So, learned counsel for the petitioner is directed to take instruction as to how petitioner proposes to deposit Rs. 5 lacs in the bank, if this Court inclines to admit him on bail. A.B.A. No. 3699 of 2016 In terms of order dated 13.07.2017, supplementary affidavit filed on behalf of petitioner – Ashwani Singh stating therein that petitioner Ashwani Singh was sanctioned Rs. 17.50 lacs in two installments, Rs. 8 lacs on 13.04.2013 and Rs. 9.50 lacs on 06.05.2013. It is further stated in para-3 of the affidavit that as per counter affidavit filed on behalf of the respondent bank only Rs. 4,58,900/- has been recovered and outstanding balance is Rs. 13,77,859/-. It has been further stated in para-4 that the middle man A.R. Ansari has withdrawn Rs. 4,19,000/-, but still this petitioner is ready to deposit 50% of the outstanding amount. Learned counsel for the petitioner is directed to take instruction as to whether petitioner – Ashwami Singh is ready to deposit Rs. 6,00,000/- before the bank in two installments. Further, a affidavit has also been filed on behalf of petitioner no. 2 namely Nasim Akhtar Ansari, in which it has been stated in para-2 that Rs. 16 lacs was sanctioned as loan to petitioner in two installments Rs. 10 lacs on 05.03.2013 and Rs. 6 lacs on 22.05.2013. In para-3, it has been stated that as per counter affidavit, as on 21.07.2017, Rs. 16,71,132/- is outstanding dues. It has been stated in para-5 that one Gulam Rabbani has withdrawn Rs. 6,10,000/- and further Rs. 2 lacs was withdrawn by Gulam Rabbani and Rs. 6 lacs was withdrawn by A.R. Ansari. -4- Petitioner Nasim Akhtar Ansari has utilized Rs. 3,90,000/-. Learned counsel for the petitioner is directed to take instruction as to whether petitioner – Nasim Akhtar Ansari is ready to deposit Rs. 6 lacs in two installments or not. A.B.A. No. 4274 of 2016 A counter affidavit has been filed on behalf of the bank. From perusal of para-9, it reveals that amount of Rs. 13.50 lacs was sanctioned to the petitioner as loan, out of which Rs. 7,76,183/- has been recovered from the petitioner and Rs. 8,39,229/- is the outstanding dues. Learned counsel for the petitioner is directed to take instruction as to whether petitioner is ready to deposit Rs. 4 lacs i.e. 50% of the amount before the bank, if this Court inclines to admit the petitioner on bail. A.B.A. No. 2014 of 2017 In terms of order dated 12.07.2017, supplementary affidavit has been filed on behalf of Nisar Ansari, in which at para-3, it has been stated that he is ready to deposit the dues amount as prescribed in the counter affidavit. Learned counsel for the respondent bank is present and has drawn attention to the documents filed in A.B.A. No. 3699 of 2016 i.e. statement of the bank. Nisar Ansari – petitioner, whose name figures at serial no. 14 reveals that sanction amount of Rs. 15,00,000/-, out of which he has deposited Rs. 2,09,000/- and on 21.07.2017, Rs. 14,11,704/- is outstanding dues. Learned counsel for the petitioner is directed to take instructions as to whether petitioner is ready to deposit Rs. 7 lacs or not. List these cases on 14.11.2017. Till then, interim reliefs granted earlier in all the respective cases shall continue. (Anant Bijay Singh, J.) Sunil/-