SUBHASH MISHRA
Dhanbad, April 4: The latest FIR lodged by Dhanbad Marwari Sammelan district president Krishna Agrawal is set to trouble BJP candidate Dhulu Mahto during the polls.
The police lodged the FIR under IPC Sections 387, 504, 506, 109 and 120 B in Barbadda police station on March 31.
Dhulu Mahto threatened Agrawal
Mahto, facing over three dozen criminal cases, threatened Agrawal for writing a letter to the BJP’s top leaders against his candidature.
IPC sections 387 (extortion) and 120 B (Conspiracy) are non-bailable
According to legal experts, IPC sections 387 and 120 B, among other provisions, may trouble BJP Dhanbad Lok Sabha candidate Dhulu Mahto in the polls.
They cited a similar case involving former minister Samresh Singh, who could not file a nomination after he was sent to jail in 2009.
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Samresh Singh was arrested in 2009
In the 2009 Lok Sabha election, the late Samresh Singh was a Bahujan Samaj Party (BSP) candidate from the Dhanbad seat. As he reached the Dhanbad collectorate to file his nomination, police arrested him in an old case at the gate.
One of the senior lawyers, Abhay Bhatt, who exposed the case against former minister Samresh Singh and led his arrest, said that Section 387 is related to extortion and 120 B is related to conspiracy. He added that both sections are enough to lead to a person’s arrest.
Dhanbad Bar Association
Dhanbad Bar Association general secretary Jitendra Kumar observed that Sections 387 and 120 B are non-bailable and could lead him to jail.
“Section 120 B is an offence punishable with life imprisonment, death or rigorous imprisonment. The conspirator can face a sentence under Section 302,” said lawyer Jitendra Kumar.
Mahto’s arrest is inevitable, says lawyer
Former Dhanbad Bar Association general secretary Videsh Daa said that since Sections 387 and 120 B are non-bailable, Mahto’s arrest is inevitable. “But all depend on condition and merit during arguments in the court,” said Videsh Daa.
Former Bar Association vice-president advocate Jaya Kumar said that under Sections 387 and 120 B, arresting the accused is expected as both are on-bailable offences.
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