Malti Devi v. The State Of Jharkhand
Case brief
What is this about?
Court rejected the petitioner's prayer for anticipatory bail in a case involving misappropriation of school funds. The judge found no inclination to grant relief given the circumstances and prosecution evidence.
What did the court decide?
Petitioner's prayer for anticipatory bail under Section 438 Cr.P.C. is rejected.
What the court decided
A compact analysis
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 A. B. A. No.3532 of 2014
Malti Devi. ………. Petitioner.
-VersusThe State of Jharkhand. .……... Opposite Party.
CORAM : HON’BLE MR. JUSTICE D. N. UPADHYAY
-----For the Petitioner: Mr. Manoj Kumar No.2, Advocate For the State : A.P.P.
06/16.04.2015: Heard learned counsel for the parties.
The petitioner is an accused in a case registered under Sections 406, 409, 420, 467, 468 and 471 of the Indian Penal Code.
It reveals from the first information report that the petitioner, who happens to be the Secretary of Village Education Committee, has misappropriated the amount of Rs.2.40 lacs allotted for the school. In fact, no school was running in the village and the documents shown by the petitioner and other accused are nothing, but paper work.
It is submitted that the petitioner happens to be the Para Teacher and she has nothing to do with Village Education Committee. Except the informant, other villagers have supported that school has been running in the village and one of the co-accused Surendra Singh has been granted anticipatory bail by this Court.
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging misappropriation of funds allocated for a non-existent school.
Whether the facts and circumstances of the case justify granting benefit under Section 438 Cr.P.C. to the petitioner accused as a village education committee secretary.
Parties & counsel
- petitioner
Malti Devi
- respondent
The State of Jharkhand
Coram
D. N. Upadhyay
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · April
- Registered
- Case no.
- A.B.A./3532/2014
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