IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2128 of 2025 Tulsi Goswami aged about 57 years, son of Late Moti Goswami, resident of Village Gadi Shrirampur, Post office Giridih, Police Station Giridih (M) District Giridih (Jharkhand) … … Petitioner - Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner: M/s. Rajan Raj, Advocate For the State : M/s. Rajiv Ranjan, Advocate General For the Informant: M/s. Rajendra Krishna, Advocate --- 05/21.03.2025 Heard the Parties. Petitioner has been made an accused in connection with Giridih (M) P.S. Case No. 393 of 2023 registered under sections 147, 149, 353, 389, 120 (B), 420, 417, 467, 468 and 471 of the Indian Penal Code, pending in the court of learned S.D.J.M., Giridih. Bail application of the petitioner was earlier rejected by this court vide B.A. No. 8320 of 2024 by order dated 02.12.2024. The case of the prosecution is that Amit Kumar Sarawagi and his father Ashok Sarawagi (since deceased) had taken a loan of Rs. 3.59 crores from SBI Bank in the year 2011 for their company Sri Bir Ispat Ltd and in lieu of the loan, they had mortgage their 54.33 acres of land situated in Manjhladih due to default in the payment of loan in time, the account of the said company came in the category of non-performing asset and accordingly, the matter was referred to National Company Law Tribunal (NCLT) by which the informant was appointed as liquidator on 21.12.2021 and in the capacity of liquidator, the informant started the process of auctioning the land under proper information to the accused Amit Sarawagi and another. During the acution process, the Carbon Resources Pvt. Ltd. Mahtodih, Giridih purchased 54.33 acres of land of accused Amit Sarawagi’s company for a sum of Rs. 13.58 crores. Accordingly, on 19.05.2023, the liquidator and others went to the land for giving possession of the said land to the purchaser in the meantime accused Amit Sarawagi in pursuance of criminal conspiracy to cheat the bank and others and also to defeat the process of law, produced an antedated forged lease deed for 30 years showing the same to be executed in between his deceased father and petitioner Tulsi Goswami on 15.01.2011. It is alleged that the said lease deed is forged document as it has been prepared on the stamp paper purchased on 15.12.2011 and the two witnesses of it namely Jeet Ganguli and Joy Rakshit have disclosed to police that they were working with the accused and their signature over the same were taken in the year 2022. It further appears that the sale deed was notarized and notary public has told the police that he had not notarized the lease deed. The notarized certificate was forged and fabricated. Learned lawyer for the petitioner submitted that the petitioner was employed by Co-accused Amit Sarawagi’s company and in good faith he had signed certain documents due to which he has been made an accused. He further submitted that no wrongful loss was caused to the Carbon Resources Pvt. Ltd. Mahtodih, Giridih as they have now taken the possession of the land in question. It was further submitted that there was procedural lapse in the liquidation proceeding. It was finally submitted that no case under sections 420/417/467/ 468/ 471 of the IPC is made out against the petitioner. Learned Advocate General appearing for the state and learned lawyer for the informant has submitted that the petitioner had not only signed the forged lease deed but he was also appearing on behalf of the company of Amit Sarawagi at N.C.L.T. and other places claiming that he was authorized lease holder of the land which was mortgaged with the bank. It is admitted case that the lease deed which was produced by Amit Sarawagi before the liquidator to hinder the handing over of possession to the purchaser in auction proceedings was forged and fabricated but the said lease deed was created in the name of the petitioner. The petitioner had entered into criminal conspiracy with the Amit Sarawagi to cause wrongful loss to the SBI bank and to cause wrongful gain to Amit Sarawagi’s company. At the time, when the Carbon Resources Pvt. Ltd. Mahtodih, Giridih had gone to take possession of the land in question, the same could not be handed over to him because the petitioner had produced fabricated forged deed claiming that the said land was mortgaged to his deceased father. Regard being had to the facts and circumstance of the case and the nature of allegation; I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is hereby rejected once again. (Ambuj Nath, J.) Saurabh uploaded