SYNOPSIS

That the present Special Leave Petition is being preferred to

assail the impugned judgment and final order dated 14.12.2018

passed by the Hon’ble High Court of Judicature Jharkhand at

Ranchi in Criminal Misc. Bail Application No. 9461 of 2018,

wherein the Hon’ble High Court dismissed the the aforesaid bail

applications preferred by the petitioner/accused no.2 herein.

That  the accused no. 1 Mr. Partho Sarthi Pandey, his father co-

accused no. 2  MR. Mirinal Kanti Pandey and his wife co-accused

no. 3 Mrs. Mamta Pandey residing in the rented house of the

landlord Mr. Anant Prasad Tiwari the uncle of the complainant

and the complainant wanted to vacat his house from the accused

so under the pressher the  accused no.1 handed over 8 blank

cheques to his landlord to pay the monthly rent (between 2016-

2018) but the landlord the uncle of the complainant miss used the

said blank cheques and handed over to his nephew the

complainant  in this case.

 That on 05.04.2018 at 08.10 a.m. the complainant  created the

false story and lodged F.I.R/case crime no. 58/2018 at police

station City Pakur,  Jharkhand under section 406/420/34/120B of

the IPC along with under section 138 of NI Act. against  the

accused no. 1 Mr. Partho Sarthi Pandey, his father co-accused

no.2  Mr. Mirinal Kanti Pandey and his wife co-accused no.3 Mrs.

Mamta Pandey, co-accused no.4 Mr. Jeevan Chandu Jha @ Sapan

Mukherji @ Amit Guha and co-accused no.5 Mr. Md. Kalam @

Abdul Kalam regarding fraud of Rs. 93,00,000/-(93 lakhs) in the

name of the magnet (rice puller) and non-payment of 8 cheques

while cheques were never presented in the banks.

That the complainant stated in the F.I.R. that  “ I work as

contractor, the accused no. 1 his father accused no. 2  and his wife

accused no. 3 other family members presently residing on rent

in the house of my uncle Mr. Anant Prasad Tiwari for about

eight years and therefore good and close relation was

developed between us due to leaving together. In between the

accused no. 1, his father accused no. 2 and his wife accused no.

3 told that they got a magnet and cost of that in the

international market is in billion which has been purchaged by

the foreign company. If some investment is made on that can

be earn benefit in several cores, during the time of payment

accused no. 4 and accused no. 5 had also come to the rent

house of the accused no. 1 who told the same, we are believed

and relied on them handed over to the accused no.1 in 2016 on

different-different dates partlty Rs. 8.00.000/-, in 2017 on

different-different dates partlty Rs. 25,00,000/- in 2018 on

different-different dates Rs. 30,00,000/- tatal paid 63,00,000/- in

cash after taking from the market on lone from his relatives and

friends and from my pokect and after selling jewellery.  My

uncle Anant Prasad Tiwari was also come to me, also handed

over to the accused no.2 and the accused no. 1 on different-

different dates accordingly 15,00,000/- and 15,00,000/- total

paid Rs. 30,00,000/- The accused persons took time and dates

to dates to return money. They also took the copy of my Adhar

Card, Pan Card and passbook of the bank account telling that

on deposit of money in account they will have to pay service

tax, C.A. and RBI expenses etc.  But much time passed and no

money came. Then we pressurized to the accused persons to

return the money, then  accused no.1 handed over five undated

cheques no. 019589, 019590, 019588, 019587 and 019586 for total

Rs. 50,00,000/-in my name from his (Allahabad Bank) account

no. 50173606691, one undated cheque no. 000018 signed  by

accused no. 1 in my name for Rs. 10,00,000/-from  Bandhan

Bank  account no. 50160009921345 handed over to me. Just like

this pressure one cheque no. 545340 signed  by accused no. 1

for  Rs. 15.00,000/- of Bank of Baroda account no.

30340100305793, one cheque no. 545342 signed  by accused no.

2 for  Rs. 15.00,000/- of Bank of Baroda account no.

30340100305791 had been given in the name of my uncle Anant

Prasad Tiwari on which date was not mentioned. The

verification of the above cheques banks was conducted by us

from the concern bank it is found only miner amounts were

deposited in the account. The above cheques were being

submitted by me for necessary action. We were heard that

more persons were involved in the gang of the above accused

persons. Accused no.4 knows dozen foreign languages and

speaks and visited foreign countries and connected with big

companies.

It is my challenge that under the conspiracy and oneness by the

above accused person I and several others person were cheated

with the lakhs and corore rupies after taking confidence. And

cheque in lakhs was given with out balance in the account.”

Subsiquevcy, the investigation officer arrested all the accused

persons on the same day just after  5 hours of the F.I.R. without

any compliance and proper investigation. No heavy cash,

suspected documents and materials etc. (related to the magnet

rice puller) were recovered and only Rs. 244/- (only two hundred
and forthty four rupeies.) were recovered from the accused

persons.

Sussequency, the complainant  has stated in the F.I.R that he

heard that in the gang of the accused persons more persons were

involved with the accused persons but the F.I.R was lodged

against the above five accused only, three of them are belong to

the same family ie: hasband wife and head of the family 70 years

old.

Sussequency, the complainant  has stated in the F.I.R that

accused persons have cheated to the several persons with the

heavy amount in cores but F.I.R was lodged by one complainant

only while others persons neither they lodged the complain nor

they have been made the witnesses and their statement was also

not recorded.

That  during the investigation statement of some important eye

witness and others important witness were not recorded as they

had knowledge about of the incident and the investigation officer

could not received the important material, foreign documents and

others evidence and the calls details between the accused persons,

complainant and other persons from C.D.R. Syber Cell to proved

the involvement of the accused persons and conspiracy.

 That the Hon’ble High Court already allowed the regular bail

application of the accused no.3, 4 and 5 while bail application of

the petitioner/accused no.2 was dismissed by the Hon’ble High

Court.

Subsequently,  the petitioner is a 70 years old his health is also

not good and not releasing him on bail he may die in the jail and

the petitioner has been falsely implicated in the instant case by

the complainant the petitioner never induced the complainant  to

make payment and the complainant  without paying income tax

how can arrange Rs. 93,00,000/- (93 lakhs) from the market and

his friends no details have been given.

Subsequently, the investigation officer submitted the

chargesheet before the CJM court at Pakur,  Jharkhand under

same section as mention in the F.I.R. sections 406/420/34/120B of

the IPC and section 138 of NI Act. aganist the same five accused

as mention in the F.I.R. while there is nothing against the

petitioner no case under sections 406, 420/34 and 120B of the

Indian penal code and 138 of N.I. act, is made out against the

petitioner in the facts and circumstances of the case

                                 SYNOPSIS
 That the present Special Leave Petition is being preferred to

assail the impugned judgment and final order dated 14.12.2018

passed by the Hon’ble High Court of Judicature Jharkhand at

Ranchi in Criminal Misc. Bail Application No. 9461 of 2018,

wherein the Hon’ble High Court dismissed the the aforesaid bail

applications preferred by the petitioner/accused no.2 herein.

That  the accused no. 1 Mr. Partho Sarthi Pandey, his father co-

accused no. 2  MR. Mirinal Kanti Pandey and his wife co-accused

no. 3 Mrs. Mamta Pandey residing in the rented house of the

landlord Mr. Anant Prasad Tiwari the uncle of the complainant

and the complainant wanted to vacat his house from the accused

so under the pressher the  accused no.1 handed over 8 blank

cheques to his landlord to pay the monthly rent (between 2016-

2018) but the landlord the uncle of the complainant miss used the

said blank cheques and handed over to his nephew the

complainant  in this case.

 That on 05.04.2018 at 08.10 a.m. the complainant  created the

false story and lodged F.I.R/case crime no. 58/2018 at police

station City Pakur,  Jharkhand under section 406/420/34/120B of

the IPC along with under section 138 of NI Act. against  the

accused no. 1 Mr. Partho Sarthi Pandey, his father co-accused

no.2  Mr. Mirinal Kanti Pandey and his wife co-accused no.3 Mrs.

Mamta Pandey, co-accused no.4 Mr. Jeevan Chandu Jha @ Sapan

Mukherji @ Amit Guha and co-accused no.5 Mr. Md. Kalam @

Abdul Kalam regarding fraud of Rs. 93,00,000/-(93 lakhs) in the

name of the magnet (rice puller) and non-payment of 8 cheques

while cheques were never presented in the banks.

That the complainant stated in the F.I.R. that  “ I work as

contractor, the accused no. 1 his father accused no. 2  and his wife

accused no. 3 other family members presently residing on rent

in the house of my uncle Mr. Anant Prasad Tiwari for about

eight years and therefore good and close relation was

developed between us due to leaving together. In between the

accused no. 1, his father accused no. 2 and his wife accused no.

3 told that they got a magnet and cost of that in the

international market is in billion which has been purchaged by

the foreign company. If some investment is made on that can

be earn benefit in several cores, during the time of payment

accused no. 4 and accused no. 5 had also come to the rent

house of the accused no. 1 who told the same, we are believed

and relied on them handed over to the accused no.1 in 2016 on

different-different dates partlty Rs. 8.00.000/-, in 2017 on

different-different dates partlty Rs. 25,00,000/- in 2018 on

different-different dates Rs. 30,00,000/- tatal paid 63,00,000/- in

cash after taking from the market on lone from his relatives and

friends and from my pokect and after selling jewellery.  My

uncle Anant Prasad Tiwari was also come to me, also handed

over to the accused no.2 and the accused no. 1 on different-

different dates accordingly 15,00,000/- and 15,00,000/- total

paid Rs. 30,00,000/- The accused persons took time and dates

to dates to return money. They also took the copy of my Adhar

Card, Pan Card and passbook of the bank account telling that

on deposit of money in account they will have to pay service

tax, C.A. and RBI expenses etc.  But much time passed and no

money came. Then we pressurized to the accused persons to

return the money, then  accused no.1 handed over five undated

cheques no. 019589, 019590, 019588, 019587 and 019586 for total

Rs. 50,00,000/-in my name from his (Allahabad Bank) account

no. 50173606691, one undated cheque no. 000018 signed  by

accused no. 1 in my name for Rs. 10,00,000/-from  Bandhan

Bank  account no. 50160009921345 handed over to me. Just like

this pressure one cheque no. 545340 signed  by accused no. 1

for  Rs. 15.00,000/- of Bank of Baroda account no.

30340100305793, one cheque no. 545342 signed  by accused no.

2 for  Rs. 15.00,000/- of Bank of Baroda account no.

30340100305791 had been given in the name of my uncle Anant

Prasad Tiwari on which date was not mentioned. The

verification of the above cheques banks was conducted by us

from the concern bank it is found only miner amounts were

deposited in the account. The above cheques were being

submitted by me for necessary action. We were heard that

more persons were involved in the gang of the above accused

persons. Accused no.4 knows dozen foreign languages and

speaks and visited foreign countries and connected with big

companies.

It is my challenge that under the conspiracy and oneness by the

above accused person I and several others person were cheated

with the lakhs and corore rupies after taking confidence. And

cheque in lakhs was given with out balance in the account.”

Subsiquevcy, the investigation officer arrested all the accused

persons on the same day just after  5 hours of the F.I.R. without

any compliance and proper investigation. No heavy cash,

suspected documents and materials etc. (related to the magnet

rice puller) were recovered and only Rs. 244/- (only two hundred

and forthty four rupeies.) were recovered from the accused

persons.
 Sussequency, the complainant  has stated in the F.I.R that he

heard that in the gang of the accused persons more persons were

involved with the accused persons but the F.I.R was lodged

against the above five accused only, three of them are belong to

the same family ie: hasband wife and head of the family 70 years

old.

Sussequency, the complainant  has stated in the F.I.R that

accused persons have cheated to the several persons with the

heavy amount in cores but F.I.R was lodged by one complainant

only while others persons neither they lodged the complain nor

they have been made the witnesses and their statement was also

not recorded.

That  during the investigation statement of some important eye

witness and others important witness were not recorded as they

had knowledge about of the incident and the investigation officer

could not received the important material, foreign documents and

others evidence and the calls details between the accused persons,

complainant and other persons from C.D.R. Syber Cell to proved

the involvement of the accused persons and conspiracy.

That the Hon’ble High Court already allowed the regular bail

application of the accused no.3, 4 and 5 while bail application of

 the petitioner/accused no.2 was dismissed by the Hon’ble High

Court.

Subsequently,  the petitioner is a 70 years old his health is also

not good and not releasing him on bail he may die in the jail and

the petitioner has been falsely implicated in the instant case by

the complainant the petitioner never induced the complainant  to

make payment and the complainant  without paying income tax

how can arrange Rs. 93,00,000/- (93 lakhs) from the market and

his friends no details have been given.

Subsequently, the investigation officer submitted the

chargesheet before the CJM court at Pakur,  Jharkhand under

same section as mention in the F.I.R. sections 406/420/34/120B of

the IPC and section 138 of NI Act. aganist the same five accused

as mention in the F.I.R. while there is nothing against the

petitioner no case under sections 406, 420/34 and 120B of the

Indian penal code and 138 of N.I. act, is made out against the

petitioner in the facts and circumstances of the case

SYNOPSIS

That the present Special Leave Petition is being preferred to

assail the impugned judgment and final order dated 14.12.2018

passed by the Hon’ble High Court of Judicature Jharkhand at

Ranchi in Criminal Misc. Bail Application No. 9461 of 2018,

wherein the Hon’ble High Court dismissed the the aforesaid bail

applications preferred by the petitioner/accused no.2 herein.

That  the accused no. 1 Mr. Partho Sarthi Pandey, his father co-

accused no. 2  MR. Mirinal Kanti Pandey and his wife co-accused

no. 3 Mrs. Mamta Pandey residing in the rented house of the

landlord Mr. Anant Prasad Tiwari the uncle of the complainant

and the complainant wanted to vacat his house from the accused

so under the pressher the  accused no.1 handed over 8 blank

cheques to his landlord to pay the monthly rent (between 2016-

2018) but the landlord the uncle of the complainant miss used the

said blank cheques and handed over to his nephew the

complainant  in this case.

 That on 05.04.2018 at 08.10 a.m. the complainant  created the

false story and lodged F.I.R/case crime no. 58/2018 at police

station City Pakur,  Jharkhand under section 406/420/34/120B of

the IPC along with under section 138 of NI Act. against  the

accused no. 1 Mr. Partho Sarthi Pandey, his father co-accused

no.2  Mr. Mirinal Kanti Pandey and his wife co-accused no.3 Mrs.

Mamta Pandey, co-accused no.4 Mr. Jeevan Chandu Jha @ Sapan

Mukherji @ Amit Guha and co-accused no.5 Mr. Md. Kalam @

Abdul Kalam regarding fraud of Rs. 93,00,000/-(93 lakhs) in the

name of the magnet (rice puller) and non-payment of 8 cheques

while cheques were never presented in the banks.

That the complainant stated in the F.I.R. that  “ I work as

contractor, the accused no. 1 his father accused no. 2  and his wife

accused no. 3 other family members presently residing on rent

in the house of my uncle Mr. Anant Prasad Tiwari for about

eight years and therefore good and close relation was

developed between us due to leaving together. In between the

accused no. 1, his father accused no. 2 and his wife accused no.

3 told that they got a magnet and cost of that in the

international market is in billion which has been purchaged by

the foreign company. If some investment is made on that can

be earn benefit in several cores, during the time of payment

accused no. 4 and accused no. 5 had also come to the rent

house of the accused no. 1 who told the same, we are believed

and relied on them handed over to the accused no.1 in 2016 on

different-different dates partlty Rs. 8.00.000/-, in 2017 on

different-different dates partlty Rs. 25,00,000/- in 2018 on

different-different dates Rs. 30,00,000/- tatal paid 63,00,000/- in

cash after taking from the market on lone from his relatives and

friends and from my pokect and after selling jewellery.  My

uncle Anant Prasad Tiwari was also come to me, also handed

over to the accused no.2 and the accused no. 1 on different-

different dates accordingly 15,00,000/- and 15,00,000/- total

paid Rs. 30,00,000/- The accused persons took time and dates

to dates to return money. They also took the copy of my Adhar

Card, Pan Card and passbook of the bank account telling that

on deposit of money in account they will have to pay service

tax, C.A. and RBI expenses etc.  But much time passed and no

money came. Then we pressurized to the accused persons to

return the money, then  accused no.1 handed over five undated

cheques no. 019589, 019590, 019588, 019587 and 019586 for total

Rs. 50,00,000/-in my name from his (Allahabad Bank) account

no. 50173606691, one undated cheque no. 000018 signed  by

accused no. 1 in my name for Rs. 10,00,000/-from  Bandhan

Bank  account no. 50160009921345 handed over to me. Just like

this pressure one cheque no. 545340 signed  by accused no. 1

for  Rs. 15.00,000/- of Bank of Baroda account no.

30340100305793, one cheque no. 545342 signed  by accused no.

2 for  Rs. 15.00,000/- of Bank of Baroda account no.

30340100305791 had been given in the name of my uncle Anant

Prasad Tiwari on which date was not mentioned. The

verification of the above cheques banks was conducted by us

from the concern bank it is found only miner amounts were

deposited in the account. The above cheques were being

submitted by me for necessary action. We were heard that

more persons were involved in the gang of the above accused

persons. Accused no.4 knows dozen foreign languages and

speaks and visited foreign countries and connected with big

companies.

It is my challenge that under the conspiracy and oneness by the

above accused person I and several others person were cheated

with the lakhs and corore rupies after taking confidence. And

cheque in lakhs was given with out balance in the account.”

Subsiquevcy, the investigation officer arrested all the accused

persons on the same day just after  5 hours of the F.I.R. without

any compliance and proper investigation. No heavy cash,

suspected documents and materials etc. (related to the magnet

rice puller) were recovered and only Rs. 244/- (only two hundred

and forthty four rupeies.) were recovered from the accused

persons.

Sussequency, the complainant  has stated in the F.I.R that he

heard that in the gang of the accused persons more persons were

involved with the accused persons but the F.I.R was lodged
against the above five accused only, three of them are belong to

the same family ie: hasband wife and head of the family 70 years

old.

Sussequency, the complainant  has stated in the F.I.R that

accused persons have cheated to the several persons with the

heavy amount in cores but F.I.R was lodged by one complainant

only while others persons neither they lodged the complain nor

they have been made the witnesses and their statement was also

not recorded.

That  during the investigation statement of some important eye

witness and others important witness were not recorded as they

had knowledge about of the incident and the investigation officer

could not received the important material, foreign documents and

others evidence and the calls details between the accused persons,

complainant and other persons from C.D.R. Syber Cell to proved

the involvement of the accused persons and conspiracy.

That the Hon’ble High Court already allowed the regular bail

application of the accused no.3, 4 and 5 while bail application of

the petitioner/accused no.2 was dismissed by the Hon’ble High

Court.
 Subsequently,  the petitioner is a 70 years old his health is also

not good and not releasing him on bail he may die in the jail and

the petitioner has been falsely implicated in the instant case by

the complainant the petitioner never induced the complainant  to

make payment and the complainant  without paying income tax

how can arrange Rs. 93,00,000/- (93 lakhs) from the market and

his friends no details have been given.

Subsequently, the investigation officer submitted the

chargesheet before the CJM court at Pakur,  Jharkhand under

same section as mention in the F.I.R. sections 406/420/34/120B of

the IPC and section 138 of NI Act. aganist the same five accused

as mention in the F.I.R. while there is nothing against the

petitioner no case under sections 406, 420/34 and 120B of the

Indian penal code and 138 of N.I. act, is made out against the

petitioner in the facts and circumstances of the case