BISHWARUP NAG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with the case registered under Sections 420/406 of the Indian Penal Code. Learned counsel for the petitioner submits that the complainant has filed a case after five years which casts doubt on the prosecution case. It is further contended that the amount of Rs. 2,00000/- (two lakhs) has been given to the wife of the complainant as a loan and for repayment of the said loan, the said cheque was given to the petitioner. Learned counsel for the State submits that regarding the loan, petitioner could not annexed any document to prove his contentions. In the facts and circumstances of the case, I direct the petitioner, above named, to surrender in the court below and deposit of a sum of Rs. 50,000/- (Fifty thousand) in the trial Court within a period of one month from the date of this order i.e. 26.09.2011 and after deposit of the aforesaid amount if he surrenders within the said period, the trial Court is directed to release him on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate at Jamshedpur in connection with C/1 Case No. 3333 of 2009, subject to the condition that one of the bailors will be his close relative and another will be of local resident having immovable property within the jurisdiction of the trial court and also subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(2.) The trial Court is also directed to fix the aforesaid amount as fix deposit for a long term in any nationalized bank in the name of the Registrar of Civil Court, Jamshedpur.

(3.) However, the trial Court will not release the amount till the conclusion of the trial, in favour of any of the parties, it will be released after conclusion of the trial subject to the result of this case. However, the trial Court will not be prejudiced in trial for the deposit of the said amount by the petitioner.