PRAMOD KHOSLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the counsel for the petitioner and counsel for the State and the counsel for the Informant - opposite party No. 2. The petitioner is apprehending his arrest in this case registered under Sections 420,406/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Jamshedpur.

(2.) COUNSEL for the petitioner has submitted that the allegation against the petitioner is that the informant has given a sum of Rs. 15,00,000/ -(Rupees Fifteen Lakhs) to the owner of M/s Khosla Steel in cash, and even according to the F.I.R., the amount is paid to the owner of M/s Khosla Steel by cash. Counsel for the petitioner has contended that even in the statement of the informant before the police, it is stated that he has not taken any receipt for the said amount. It is further contented that though he has stated that he has not taken any receipt for the aforesaid money, but in his supplementary affidavit, he has annexed the money receipt, which is totally contradictory of his statement given before the police, which has come in the case diary.

(3.) COUNSEL for the informant has submitted that as because the petitioner and his family members were friendly with the informant and he has given the said amount without any money receipt, but in spite of the repeated demand, none of the accused persons are returning the aforesaid amount, therefore, he has lodged this case. He has further contended that there is every chance that all the accused persons will flee away from Jamshedpur only for avoiding the informant. Considering the facts and circumstances of the case and also considering the fact that there is a contradictory statement regarding the money receipt, which has come in the case diary as stated above and furthermore, the aforesaid huge amount has been given to the owner of M/s Khosla Steel neither through any cheque nor through any demand draft, I direct the petitioner, above named, to surrender before the trial court/court below within a period of one month from the date of this order (3.4.12). If the petitioner surrenders before the trial court/ court below within the said period, the trial court /court below is directed to release the petitioner namely Pramod Khosla on bail, on furnishing bail bond of Rs. 10,000/ -(Ten Thousand), with two sureties of the like amount each, to the satisfaction of the court below/ Chief Judicial Magistrate, Jamshedpur, in connection with Jugsalai P.S. Case No. 182 of 2011/ G.R. No. 1924 of 2011, subject to the condition that one of the bailor will be close relative and the petitioner will remain physically present before the trial court once in a month on the date fixed for trial, till the conclusion of the trial and also subject to the condition laid down under Section 438(2) Cr.P.C.