Swapan Kumar Saha vs State of Jharkhand And Anr

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over. In view of the personal undertaking of the learned counsel for the petitioner, the

defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.163 of

2019 registered under sections 420/ 423/218/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was a witness in a sale deed executed by

the co-accused-Gurupada Saha in favour of Shashi Bhushan Bharti by which the ancestral land of the complainant was got transferred to the co-

accused person. It is further submitted that the allegations against the petitioner are all false and there is no allegation of any impersonation by

anybody and the co-accused-Gurupada Saha claims to be the bona fide owner of the said land. It is then submitted that the dispute between the

parties is basically a civil dispute. It is then submitted that the petitioner is ready and willing to cooperate with the trial of the case. It is lastly submitted

that the co-accused person has already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide orders dated 04.02.2021

and 22.02.2021 in A.B.A. Nos.7423 of 2020 and 117 of 2021. 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 six weeks from the date of this order, he

shall be released on bail 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 J.M. 1st Class, Ghatsila, in connection with Complaint Case No.163 of 2019 with the condition that the petitioner will cooperate

with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.