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Vashishtha Narayan Pandey Alias Bashishtha Narayan Pandey v. the State of Jharkhand through Vigilance

Jharkhand HC9 Aug 2018A.B.A./925/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a corruption case involving alleged misappropriation under MANREGA. The petitioner was directed to surrender within four weeks and comply with specific conditions regarding cooperation with the investigation and production of documents.

What did the court decide?

Anticipatory bail granted; petitioner directed to surrender within four weeks and comply with bond and specific conditions.

Vashishtha Narayan Pandey Alias Bashishtha Narayan Pandey Vs… — Corruption | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 925 of 2018

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Vashishtha Narayan Pandey @ Bashishtha Narayan Pandey ….. Petitioner Versus The State of Jharkhand through Vigilance ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Gautam Kumar, Advocate. For the State : Mr. T.N. Verma, Spl.P.P.

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14/Dated: 09/08/2018

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Petitioner is apprehending his arrest in connection with Vigilance Case No. 66 of 2017, corresponding to Vigilance P.S. No. 11 of 2015, registered under Sections 406, 409, 419, 420, 120B of the I.P.C. and Section 13(2) read with Section 13 (1)(C) (d) of the Prevention of Corruption Act, lodged on the basis of one written report given by Nawal Kishore Singh, Inspector of ACB, Ranchi Branch alleging that in Chaibasa district several complaint regarding irregularity and misappropriation under MANREGA scheme was received and the report of Deputy Commissioner was received and it transpired that one Baidyanath Oraon, Block Development Officer, Anandpur filed F.I.R. alleging that in Village – Charbandiya P.W.D. Road to Bandhibir Border, 1.5 km road was to be constructed under MANREGA, with estimated cost of Rs. 8,93,000/-. Road was constructed, but the quality of the road was found to be poor and it further transpired that Rs. 1,42,500/- amount which was taken as advance has not been regularized and at the relevant time, petitioner was working as Executive Engineer in the Project.

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It appears that under order dated 13.06.2018, learned counsel for the petitioner was directed to supply the cell number of the petitioner to the learned Spl. P.P. and learned Spl. P.P. was directed to transmit the cell number of the petitioner to the I.O. of this case and thereafter I.O. of the case was directed to give 72 hours' notice to the petitioner fixing date, time and place and the petitioner was directed to appear before the I.O. and I.O. was directed to record the statement of the petitioner.

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Learned Spl. P.P. has produced the up-to-date case diary. From perusal of para-286 of the case diary, it appears that one Narendra Prasad Singh on 18.09.2012 has deposited the aforesaid amount of Rs. 1,42,500/-.

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Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, A.C.B., Chaibasa, in connection with Vigilance Case No. 66 of 2017, corresponding to Vigilance P.S. No. 11 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also on the following conditions:

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(i) One of the bailers shall be the local resident of Chaibasa. (ii) Petitioner will give an affidavit through his Parivikar that during course of investigation, he will cooperate in investigation and he will remain physically present in the court below as and when his presence is required.

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(iii) Petitioner is further directed that along with the bail bonds, he will furnish his Cell number and xerox copy of AADHAR Card in the court below.

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(iv) It shall be open for the I.O. of this case that if he wants to record further statement of the petitioner, he will file an application through APP in the court below and the court below shall release the Cell Number of the petitioner to the I.O., thereafter the I.O. will give 72 hours' notice to the petitioner fixing date, time and place and thereafter, petitioner will appear and get his statement recorded. If petitioner fails to do so, then the I.O. will be at liberty to file application through APP for cancellation of bail bonds of the petitioner.

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Let a copy of order be communicated to the court below and also handed over to the learned APP for transmission to the I.O.

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(Anant Bijay Singh, J.)

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Sunil/

Vashishtha Narayan Pandey Alias Bashishtha Narayan Pandey v. the State of Jharkhand through Vigilance

Case brief

What is this about?

What did the court decide?

Vashishtha Narayan Pandey Alias Bashishtha Narayan Pandey v. the State of Jharkhand through Vigilance

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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