Mansoor Alam vs State Of Jharkhand

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chaibasa Sadar P.S. Case

No.135 of 2018 registered under sections 406/420/120B of the Indian Penal Code.

Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the power of attorney holder of the co-

accused persons and claiming that the donors of the power to him are the are the owners of the land in question, the petitioner started to advertise in

the locality that he has been authorized by the owners of the said land to divide the said plot of land into sub-plots and sale the same and on the said

assurance of the petitioner being the holder of the power of attorney as well as the personal assurance of the co-accused land owners, the petitioner

entered into several agreements with prospective purchasers of the land in question including the complainant and the complainant and other

prospective purchasers paid a huge amount of money by the different agreements amounting to Rs.16,45,000/- to the petitioner but after execution of

the agreement and receipt of money, the petitioner started making excuse for execution of registered sale deeds and when the co-accused donors of

the power to the petitioner were requested by the victims, they started to blame the petitioner for all delay and they also claimed that they have not

received the amount taken by the petitioner as their attorney and the petitioner fled away from Chaibasa and is now residing at Jamshedpur to avoid

payment of the victims and has misappropriated the aforesaid amount. It is then submitted that out of the eight victims, the advance paid by Late Braj

Bihari Ram has already been returned to his son Prabhat Kumar. It is next submitted by the learned counsel for the petitioner that the co-accused

persons have already been granted bail and the petitioner undertakes to pay Rs.4,00,000/- to Babban Kumar Sao, Rs.2,00,000/- to Dharmendra Ram,

Rs.1,25,000/- to Jagarnath Ram, Rs.1,20,000/- to Kartick Ram, Rs.2,15,000/- to Arjun Ram, Rs.4,00,000/- to Rajesh Kumar and Rs.1,00,000/- to Raj

Kumar Prasad as ad interim victim compensation without prejudice to his defence in this case and undertakes to cooperate with the investigation of

the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he

shall be released on bail on depositing seven separate demand drafts of Rs.4,00,000/-drawn in favour of Babban Kumar Sao, Rs.2,00,000/- drawn in

favour of Dharmendra Ram, Rs.1,25,000/- drawn in favour of Jagarnath Ram, Rs.1,20,000/- drawn in favour of Kartick Ram, Rs.2,15,000/- drawn in

favour of Arjun Ram, Rs.4,00,000/- drawn in favour of Rajesh Kumar and Rs.1,00,000/- drawn in favour of Raj Kumar Prasad as ad interim victim

compensation and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction

of learned C.J.M., Chaibasa, in connection with Chaibasa Sadar P.S. Case No.135 of 2018 with the condition that the petitioner will cooperate with

the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of

his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the

conditions laid down under section 438 (2) Cr. P.C.

In case the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the aforesaid victims and hand

over the said demand drafts to them, after proper identification.