Abid Ali Vs. the State of Jharkhand - Court Judgment

Excerpt:
in the high court of jharkhand at ranchi b.a. no.10296 of 2012 abid ali ..... petitioner with b.a. no.198 of 2013 aslam khan ..... petitioner versus the state of jharkhand . opposite party coram: honble mr. justice h.c. mishra for the petitioners : mr. indrajeet sinha for the state : a. p.p. for the informant : mr. pandey ashok nath roy ----- 6/15.4.2013 both these applications arise out of the same case, as such, they are being disposed of by this common order. heard learned counsel for the petitioners and learned counsel for the state as also learned counsel for the complainant-informant. petitioners have been made accused for the offence under sections 406/420/34 of the indian penal code in connection with bistupur p.s. case no.371 of 2012, corresponding to g.r. no.3331 of 2012 the complaint was filed by one samsher ali, wherein he has alleged that the petitioners and the complainant entered into an agreement on 12.2.2008 for sale of a shop in the premises of tisco friends co-operative society ltd., jamshedpur. it is submitted that pursuant to the agreement, rs.50,000/- was given through cheque dated 4.4.2008 and rs.5,30,000/- was paid in cash but the receipt of only rs.50,000/- was issued in favour of the complainant. it is alleged that even after about four years of time, the petitioners did not hand over the shop to the complainant nor the money has been returned back. with these allegations, the case was instituted against the petitioners. learned counsel for the petitioners submitted that petitioners have been falsely implicated in this case. it has been submitted that the occurrence, if any, is of year 2008 itself, but the complaint petition was lodged after an inordinate delay of four years in 2012. learned counsel accordingly, prayed for bail. learned counsel for the state as also learned counsel for the complainant- informant have opposed the prayer for bail submitting that the complainant gave a letter to the chairman tisco friends co-operative society ltd., jamshedpur., on

Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10296 of 2012 Abid Ali ..... Petitioner with B.A. No.198 of 2013 Aslam Khan ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioners : Mr. Indrajeet Sinha For the State : A. P.P. For the Informant : Mr. Pandey Ashok Nath Roy ----- 6/15.4.2013 Both these applications arise out of the same case, as such, they are being disposed of by this common order. Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the Complainant-Informant. Petitioners have been made accused for the offence under Sections 406/420/34 of the Indian Penal Code in connection with Bistupur P.S. Case No.371 of 2012, corresponding to G.R. No.3331 of 2012 The complaint was filed by one Samsher Ali, wherein he has alleged that the petitioners and the complainant entered into an agreement on 12.2.2008 for sale of a shop in the premises of Tisco Friends Co-operative Society Ltd., Jamshedpur. It is submitted that pursuant to the agreement, Rs.50,000/- was given through cheque dated 4.4.2008 and Rs.5,30,000/- was paid in cash but the receipt of only Rs.50,000/- was issued in favour of the complainant. It is alleged that even after about four years of time, the petitioners did not hand over the shop to the complainant nor the money has been returned back. With these allegations, the case was instituted against the petitioners. Learned Counsel for the petitioners submitted that petitioners have been falsely implicated in this case. It has been submitted that the occurrence, if any, is of year 2008 itself, but the complaint petition was lodged after an inordinate delay of four years in 2012. Learned counsel accordingly, prayed for bail. Learned counsel for the State as also learned counsel for the Complainant- Informant have opposed the prayer for bail submitting that the complainant gave a letter to the Chairman Tisco Friends Co-operative Society Ltd., Jamshedpur., on