Biswanath Saw vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there are defect nos. 9(i) to 9(iii) in the bail application as pointed out by the stamp reporter but he has filed an undertaking that he shall remove the defects within 30 days after the physical court starts and prayed for hearing of the anticipatory bail application, as petitioner is apprehending his arrest during pandemic of Covid-19.

Considering the same, this Court is inclined to hear the anticipatory bail application on merits, but with condition that petitioner shall remove the defects within 30 days after the physical court starts. Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defects. Heard, learned counsel for the petitioner, Mr. P.K. Mukhopadhyay and learned counsel for the State, Mr. P.K. Verma.

Learned counsel for the petitioner has submitted that petitioner is apprehending his arrest in connection with Kenduadih P.S. Case No.91 of 2015, corresponding to G.R. No.4219 of 2015, for the offence registered under Sections 467/468/471/419/420/120(B) IPC.

Learned counsel for the petitioner has submitted that a complaint case vide C.P. Case No.2737 of 2014 has been filed in the year, 2014 by the complainant alleging therein that this petitioner along with another has obtained job in BCCL under the land looser scheme on the basis of forged documents. The complaint was referred to the police station under Section 156 (3) Cr.P.C. and thus Kenduadih P.S. Case No.91 of 2015, corresponding to G.R. No.4219 of 2015, for the offence registered under Sections 467/468/471/419/420/120(B) IPC was lodged.

Learned counsel for the petitioner has further submitted that on the basis of complaint case, petitioner who is working continuously for 27 years has been made accused and if the anticipatory bail is not granted to the petitioner, he will suffer irreparable loss and injury as because he shall be taken into custody and that will jeopardize his service career.

Learned counsel for the petitioner has further submitted that there is no explanation by the complainant as to why he has instituted a case after 27 years, as such, petitioner may be enlarged on anticipatory bail as there is no allegation that these persons have made act of forgery rather it is alleged that on the basis of forged document prepared by some body, this petitioner and others are getting job.

Learned counsel for the petitioner has further submitted that documents have been verified by the authorities and thereafter petitioner's joining has been accepted and after 27 years a criminal case has been initiated, as such, he may be enlarged on anticipatory bail.

Learned counsel for the State has opposed the prayer for bail and has submitted that this petitioner is also a beneficiary of such fraudulent act, as such, petitioner may not be enlarged on anticipatory bail. Considering the rival submission of the parties and looking to the facts and circumstances of the case, particularly delay of 27 years in lodging the FIR and at the time of joining of the petitioner's documents have been verified, as such, this Court is inclined to enlarge the petitioner on anticipatory bail. Accordingly, petitioner (Biswanath Saw) is directed to surrender before the court below within eight weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Dhanbad in connection with Kenduadih P.S. Case No.91 of 2015, corresponding to G.R. No.4219 of 2015 subject to the conditions, as laid down under Section 438(2) Cr.P.C and also on the following conditions:-

(i) One of the bailors shall be deponent/pairvikar of the present case namely, Ranju Devi, W/o Bishvanath Shaw, R/o Qr No.42, near Durga Mandir, B.L. Colony, Bhuli, P.O. Bhuli, P.S.- Bankmore, District- Dhanbad, who has furnished photocopy of his UID Card bearing No.2560 9562 6831 before this Court in the bail application.

Office is directed to send photo copy of the UID Card bearing No. 2560 9562 6831 of deponent along with this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be father/mother/son/sister/brother/wife.

(iii) Petitioner shall appear before the learned trial court on each and every date fixed for his appearance, failing which the learned trial court shall cancel his bail bonds.

(iv) It is expected that petitioner shall co-operate with the trial of the case. Accordingly, the instant anticipatory bail application is hereby allowed.