RAJU SANGA Vs. RAJENDRA AGRAWAL

JUDGEMENT

(1.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dtd. 27/1/2024 passed by the learned Additional Judicial Commissioner-XV, Ranchi in Criminal Miscellaneous Case No.78 of 2023 arising out of A.B.P. No.1341 of 2021 whereby and where under the learned Additional Judicial Commissioner-XV, Ranchi has cancelled the bail granted to the petitioner in connection with Namkum P.S. Case No.29 of 2021 registered for the offence punishable under Ss. 420, 406, 468, 471, 34 of the Indian Penal Code.

(2.) The brief facts of the case is that the petitioner is an accused person of the said Namkum P.S. Case No.29 of 2021 and he was granted the privileges of anticipatory bail vide order dtd. 6/7/2022 in A.B.P. No.1341 of 2021 on the basis of successful mediation and one of the condition of the mediation being that the petitioner will pay Rs.35,00,000.00 in installments of Rs.5,00,000.00 per month starting from May, 2022 and the entire installment amount was to be completed by October, 2022. There were several undertakings given in the Criminal Miscellaneous Case No.78 of 2023 which was filed by the opposite party No.1/informant for cancellation of the bail and the learned counsel for the petitioner submits that by now, the petitioner has already paid Rs.25,00,000.00 which fact is also acknowledged by the learned counsel for the opposite party No.1.

(3.) Learned counsel for the petitioner relies upon the judgment of this Court in the case of Dharmendra Kumar Sao @ Dharmendra Kumar @ Dharmendra Saw vs. The State of Jharkhand and Another passed in Cr.M.P. No.1429 of 2021 dtd. 16/2/2024 and submits that this Court considering the principle of law settled by the Hon'ble Supreme Court of India in the case of Pritpal Singh vs. State of Bihar reported in 2001 SCC OnLine SC 123 paragraphs-4 and 5 of which read as under:-