Supreme Court granted interim protection from arrest in FIR under Sections 420 (Cheating), 467 (Forgery of valuable security), 468 (Forgery for the purpose of cheating), 379 (Theft), 504 (Intentional insult), 506 (Criminal intimidation), 323 (Hurt), and 34 (Common intention)

 

Supreme Court of India

22.11.2023

 

Supreme Court granted interim protection from arrest in FIR under Sections 420 (Cheating), 467 (Forgery of valuable security), 468 (Forgery for the purpose of cheating), 379 (Theft), 504 (Intentional insult), 506 (Criminal intimidation), 323 (Hurt), and 34 (Common intention)

- Anticipatory bail was rejected by Patna High Court

 

On 18.02.2015, an Agreement to Sell was executed between Smt. Hajari Devi and Smt. Kumari Nirmala with respect to a property (land) situated in Mahua, Vaishali, Bihar for total sale consideration of Rs. 32 Lakhs. Smt. Kumari Nirmala paid Rs. 20 Lakhs as earnest money to Smt. Hajari Devi and remaining Rs. 12 Lakhs were to be paid within 2 years.

 

Despite repeated requests by Smt. Hajari Devi, Smt. Kumari Nirmala failed to pay the remaining sum of Rs. 12 Lakhs to Smt. Hajari Devi. Consequently, the agreement to sell lapsed and the earnest money of Rs. 20 Lakhs stood forfeited.

 

In 2018, Shri. Prem Shankar (husband of Smt. Kumari Nirmala) made a police complaint and an FIR was lodged against Shri. Haribansh Narayan Singh (husband of Smt. Hajari Devi) as well as against Smt. Hajari Devi. In the FIR dated 25.09.2018, allegations under Section 420 (cheating), 467 (Forgery), etc. were levelled against both the accused.

 

On 13.10.2020, Smt. Hajari Devi unfortunately expired.

 

Apprehending arrest, Shri. Haribansh Narayan Singh filed an anticipatory bail application before the Sessions Court, Vaishali, Bihar. Vide Order dated 20.02.2023, the anticipatory bail application was dismissed by the Ld. Sessions Judge, Bihar.

 

Shri. Haribansh Narayan Singh, thereafter, filed a petition before the Hon’ble Patna High Court thereby seeking anticipatory bail. Vide Order dated 12.09.2023, the petition filed by Shri. Haribansh Narayan Singh was also dismissed.

 

Being aggrieved by the Order dated 12.09.2023, Shri. Haribansh Narayan Singh filed a Special Leave Petition (SLP) before the Hon’ble Supreme Court. Vide Order dated 22.11.2023, Hon’ble Supreme Court granted interim protection from arrest to Shri. Haribansh Narayan Singh.

 

Order dated 22.11.2023, passed by the Hon’ble Supreme Court, reads as under: -

 

“Application for exemption from filing official translation is allowed.

 

Issue notice returnable on 16th January, 2024.

 

In the meanwhile, the petitioner shall not be arrested in connection with FIR No. 300 of 2018 registered at Police Station Mahua, District Vaishali, Bihar subject to the condition that the petitioner shall always cooperate for investigation.

 

Liberty is granted to serve the standing counsel for the respondent-State, in addition.”

 

[Haribansh Narayan Singh Vs. The State of Bihar, Order dated 22.11.2023, Supreme Court, SLP (Cri.) No. 14897/2023]

 

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Anuj Aggarwal

Advocate

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