In a bail application under CEBA Act where the petitioner, president of an NGO accused of misappropriating funds, was granted bail by furnishing a bond and sureties.
Directed the petitioner to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 2257 of 2014
Sitaram Singh … … Petitioner
Versus
The State of Jharkhand … … Opp. Party
CORAM: HON’BLE MR. JUSTICE R.R. PRASAD
For the Petitioner : Mr. S.K. Tiwari, Advocate For the State : A.P.P.
4/ 09.04.2014 Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State.
The petitioner is an accused in a case instituted under Sections 409/420/120B/34 of Indian Penal Code.
Learned counsel appearing for the petitioner submits that one NGO namely Adivasi Utthan Kendra to which this petitioner happens to be the president was selected under a Project of PHED, for constructing lavatories for BPL families and also for conducting the training courses has been alleged to have not executed the work and got the fund misappropriated but it was the Secretary who had been handling the financial matters and that the substantial work has been done which would appear from the case diary and also from the inquiry report, submitted by the department.
Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla in connection with Gumla P.S. Case No. 341 of 2011 arising out of G.R. No. 1123 of 2011.
(R.R. Prasad, J.)
AKT
2 issues framed by the court
Whether the petitioner, president of an NGO accused of misappropriation of funds under 409/420/120B/34 IPC, is entitled to bail.
Whether the petitioner's alleged role as president, distinct from the Secretary handling finances, warrants bail.
1 provisions across 1 enactments
Sitaram Singh
The State of Jharkhand
R.R. Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
