This order grants the petitioner anticipatory bail in an anticipatory bail petition concerning an R.C. case for corruption. The court directed the trial to be expedited.
Privilege of anticipatory bail granted; directed to surrender within four weeks and furnish bail bond of Rs. 2,00,000 with two sureties; trial court directed to expedite trial.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 494 of 2019
Manoj Kumar … Petitioner Versus The Union of India through C.B.I. … Opposite Party ------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Krishna Kumar, Advocate For the C.B.I. : Mr. B.K. Prasad, Spl. P.P.
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Order No.10 Dated- 19.11.2019
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with R.C. Case No. 03 (S) of 2014-R registered under sections 120B/ 34/406/420/467/468/471 of the Indian Penal Code and under Section 13 (2) read with 13 (1) (d) of P.C. Act.
Heard the learned counsel for the petitioner and learned counsel for the C̣.B.I.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that petitioner while posted as Circle Officer, Ormanjhi has done excess mutation that is out of total land of 88 decimals excess mutation of land of 6.88 decimals has been done by the petitioner dishonestly and fraudulently in criminal conspiracy with the co-accused persons. Learned counsel for the petitioner submits that the petitioner cooperated with the C.B.I. during the investigation and charge sheet has already been submitted in this case and because of the cooperation extended by the petitioner during the investigation, the C.B.I. did not feel it proper to arrest him during the investigation of the case. It is further submitted that the allegation against the petitioner are all false and the same has been done during discharge of his duty and at best the same may be a judgmental error. It is next submitted that petitioner is ready and willing to cooperate with the investigation of the case. It is lastly submitted that the co-accused person whose case stands on the similar footing has already been given the privilege of anticipatory bail by this Court vide order
dated 05.02.2019 in A.B.A. No.425 of 2019. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned counsel for the C.B.I. submits that charge sheet has already been submitted in this case and this is a year old case hence, the trial court be directed to conclude the trial expeditiously.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 2,00,000/- (Rupees Two Lakhs) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I., Ranchi, in connection with R.C. Case No. 03 (S) of 2014- R with the condition that the petitioner will appear before the trial court on each and every date to which the case is listed and in case of his absence on any day, he will furnish satisfactory reason to the trial court for his each days absence in court subject to the conditions laid down under section 438 (2) Cr. P.C.
Keeping in view that this is an year old case, the trial court is directed to expedite the trial of the case and conclude the trial as early as possible and if there is no chance of any of the co-accused persons appearing in near future, the trial court may consider separating the case of the co-accused persons who are already appearing in the record and to proceed with the trial against them.
(Anil Kumar Choudhary, J . )
Gunjan-
2 issues framed by the court
Whether the petitioner is entitled to the privilege of anticipatory bail in connection with the registered R.C. Case.
Whether the trial court should be directed to expedite the trial of the year-old case.
1 provisions across 1 enactments
Manoj Kumar
The Union of India
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
