DURGA PRASAD JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned A.P.P. for the Prosecution, as also learned counsel for the complainant -opposite party No. 2. The petitioner has been made accused for the offences under Sections 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code, in connection with C.P. Case No. 424 of 2009.

(2.) THE complaint was lodged by the authorized representative and Vice -President of M/s. Jindal Steel & Power Ltd. stating therein that 47.55 acres of land bearing Plot No. 369, Khata No. 7, situated in Village -Girdharitand, P.S. -Pindrajora, was offered to M/s. Jindal Steel & Power Ltd., by one Rajat Ghosh, Director of M/s. Subnal Supply & Construction Company for a consideration of Rs. 70,61,175/ -, which was required for the purpose of compensatory afforestation by M/s. Jindal Steel & Power Ltd. It is stated in the complaint petition that the said Rajat Ghosh had undertaken to provide all the documents required for registry, including the power of attorney executed in his favour by the petitioner. On the basis of the documents the complainant believed that the said land belonged to the petitioner and the same was purchased by the complainant Company. Subsequently, it was found that the documents were forged. So far as this petitioner is concerned, it is stated that the petitioner had also sworn an affidavit stating that he is the descendant of khatiyani raiyat.

(3.) LEARNED A.P.P. for the State as also learned counsel for the complainant, on the other hand, have opposed the prayer for bail submitting that there is allegation against the petitioner also, as on the basis of the documents executed by the petitioner, the complainant was made to believe that the petitioner is the real owner of the land in question. It has also been submitted that the main accused Rajat Ghosh and Amit Kumar informed the complainant that the money, which was taken from the Company, was paid to the petitioner. It has also been pointed out that some civil suit is pending with respect to the land in question in the Civil Court, Bokaro.