Thursday, January 18, 2024

Anticipatory Bail granted by Supreme Court – Bail application was rejected by Patna High Court as well as by Sessions Court – FIR was registered under Section 420 (Cheating) and 467 (Forgery)

Supreme Court of India

16.01.2024


Anticipatory Bail granted by Supreme Court – Bail application was rejected by Patna High Court as well as by Sessions Court – FIR was registered under Section 420 (Cheating) and 467 (Forgery)

 

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 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.

 

Vide Order dated 16.01.2024, the Hon’ble Supreme Court was pleased to grant leave and allow the Appeal. Order dated 16.01.2024 reads as under: -

 

Leave granted.

 

We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the second respondent. None appears for the first respondent-State.

 

The appellant is sought to be arrested more than four years after registration of the First Information Report. Therefore, in the facts of the case, the interim order passed by this Court on 22nd November, 2023 is made absolute on the same terms and conditions. The appeal is accordingly allowed.

 

[Haribansh Narayan Singh Vs. The State of Bihar, Order dated 16.01.2024, Supreme Court, SLP (Cri.) No. 14897/2023, CRIMINAL APPEAL NO.264 OF 2024]

 

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Anuj Aggarwal

Advocate

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