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2025 DAILYLAW 6451 (JHR)

SAIBAL MUKHERJEE v. THE STATE OF JHARKHAND

A.B.A./1780/2025 · 2025-03-19

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1780 of 2025 ------ 1. Saibal Mukherjee, aged about 68 years, S/o. Late B.N. Mukherjee, resident of B-4/6, Phase-II, Nawjeevan Complex, PO- Baridih, PS- Birsanagar, Town Jamshedpur, Dist. East Singhbhum. 2. A.J. Sita Ram @ Artigetla Jairam Sitaram, aged about 72 years, S/o. Late Jairam, resident of 6/8, Naujeevan Complex, PO- Baridih, PS- Birsanagar, Town Jamshedpur, Dist. East Singhbhum 3. Anjan Sur @ Anjan Kumar Sur, aged about 63 years, S/o. Late Anil Kumar Sur, resident of B-04/3 Phase-II, Nawjeevan Complex, PO- Baridih, PS- Birsanagar, Town Jamshedpur, Dist. East Singhbhum 4. R. C. Pandey @ Rabindra Chandra Pandey, aged about 86 years, S/o. Late J.N. Pandey, resident of B-3/1 Phase-II, Naujeevan Complex, PO- Baridih, PS- Birsanagar, Town Jamshedpur, Dist. East Singhbhum 5. G. Murlidharan @ Govindarajan Muralidharan, aged about 63 years, S/o. R. Govind Rajan, resident of S-02/6 Phase-II, Nawjeevan Complex, PO- Baridih, PS- Birsanagar, Town Jamshedpur, Dist. East Singhbhum 6. K.V.S.S.R. Prasad @ Kalaga Venkata Subramanaya Satya Sai Ram Prasad, aged about 61 years, S/o. K.V.R. Subramaniyam, resident of B-02/3 Phase-II, Najeevan Complex, PO- Baridih, PS- Birsanagar, Town Jamshedpur, Dist. East Singhbhum.... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Amit Kr. Das, Advocate For the State : Ms. Mohua Palit, Addl.P.P ------ Order No.02 Dated- 19-03-2025 Heard the parties. Apprehending their arrest in connection with Telco (Birsanagar) P.S. Case No.252 of 2005 instituted under Sections 420, 34, 406, 467, 468, 120B, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in connivance with each other and under criminal conspiracy, with dishonest intention, realized Rs.30,92,238/- under various heads from 63 flat allottees members of the society of which the informant is the Founding Member and deposited the same in a separate account with I.D.B.I. Bank, Jamshedpur instead of depositing the same with the account of Navjeevan Sahkari Grih Nirman Samiti Limited, Baridih. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioners became the members of the said co-operative society and despite having paid the entire consideration amount, were handed over incomplete flats and the petitioners pooled the resources for completing the job. It is next submitted that the money collected by the petitioners has got nothing to do with the said co-operative society nor the said money has been collected for or on behalf of the said co-operative society. Hence, there is no rhyme or reason for depositing the said money in the bank account of the said co- operative society. It is lastly submitted that the petitioners undertake to co- operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Jamshedpur in connection with Telco (Birsanagar) P.S. Case No.252 of 2005 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/