Pawan Kumar Sahu vs State of Jharkhand

Ravi Nath Verma, J.—The sole petitioner has moved this court for grant of regular bail in connection with Doranda (Argora) P.S. case no. 372 of 2013 instituted under sections 406, 420, 476, 468, 471, 323/120 B of the Indian Penal Code.

Heard learned counsel appearing for the petitioner as well as learned counsel representing the State.

The dispute appears to be related with partnership firm of this petitioner and informant. Vide order dated 26.06.2015, the petitioner was granted provisional bail on deposit of Rs. 6,75,000/- and an opportunity was given to both the parties to settle the dispute outside the court. Further, vide order dated 03.09.2015, on submission of both the counsels, the matter was referred to the mediator/ conciliator, JHALSA but from the report of the mediator, it appears that the parties failed to settle their dispute.

Learned counsel, Mr. Nilesh, appearing for the petitioner submitted that charges against the petitioner has already been framed in the court below and the case is pending for examination of witness, which would appear from the explanation submitted by the court below. Hence, the petitioner who has already deposited Rs. 6,75,000/- by way of Fixed Deposit in the joint name of petitioner and OP No. 2, deserves to be released on bail and direction be given to the court concerned to conclude the trial as early as possible.

Learned counsel appearing for the complainant opposed the prayer but fairly submitted that direction may be given to the court concerned to conclude the trial as early as possible.

Considering submissions of learned counsels and the facts stated above, I am inclined to confirm the provisional bail earlier granted to this petitioner. Hence, the petitioner is directed to remain on bail but on furnishing fresh bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Ranchi in connection with Doranda (Argora) P.S. Case No. 372 of 2013 corresponding to G.R. No. 4142 of 2013.

The court concerned is directed to conclude the trial as early as possible preferably within four months from the next dated fixed in the court below.