Allowed

Sushil Kumar Srivastav Alias Sushil Srivastav Alias Sushil Kumar Srivastava v. the State of Jharkhand through Vigilance

Jharkhand HC14 Aug 2019B.A./5208/2019

Case brief

AI extract

What is this about?

Bail petition filed by two accused persons charged with cheating and corruption offences. The High Court allowed regular bail with bail bond of Rs. 50,000 each and two sureties, subject to cooperation in the trial.

What did the court decide?

Release of petitioners on bail by furnishing bail bond of Rs. 50,000 each with two sureties of the like amount each.

Sushil Kumar Srivastav Alias Sushil Srivastav Alias Sushil… — Corruption | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5208 of 2019

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Sushil Kumar Srivastav @ Sushil Srivastav @ Sushil Kumar Srivastava

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Dharmendra Kumar Dube … … Petitioners Versus

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The State of Jharkhand … … Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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----- For the Petitioners : Mr. Anjani Kumar, Advocate For the State : Mr. T.N. Verma, Spl.P.P (ACB) -----

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04/14.08.2019 Heard the learned counsel for the parties.

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The petitioners are accused for the offences punishable under Sections 420/34 of the Indian Penal Code and Section 7(A) of the Prevention of Corruption Act.

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The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. The petitioners have not accepted any bribe from the complainant as has been alleged. It is further submitted that after receipt of the complaint, no verification report was prepared by the raiding team. The prescribed procedure has also not been followed by the district officials who were involved in the alleged trap. So far as the recovery of Rs. 1,48,000/from a bag is concerned, the same belong to the petitioner no. 1 which was kept for marriage of his sister. The currency/notes of Rs. 20,000/- allegedly recovered from the possession the petitioner no. 2 were not meant for the alleged trap. Charges against both the petitioners have been framed by the Special Judge, A.C.B., West Singhbhum at Chaibasa on 14.06.2019. The petitioners undertake that they will fully co-operate in the trial. As such, the petitioners who are in judicial custody since 10.03.2019 may be given the privilege of regular bail.

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The learned Spl.P.P., A.C.B., opposes the petitioners’ prayer for bail.

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Considering the facts and circumstances of the case and keeping in view that the charges against the petitioners have been

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framed and they are in judicial custody since 10.03.2019, I am inclined to enlarge the petitioners on bail. Accordingly, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, A.C.B., West Singhbhum at Chaibasa in connection with Sadar P.S. Case No. 28 of 2019, Vigilance Case No. 07 of 2019, subject to the condition that the petitioners shall co-operate in the trial and shall be physically present before the trial court as and when their presence is required, failing which the trial court shall be at liberty to pass appropriate order in accordance with law.

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(Rajesh Shankar, J.)

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Manish

Sushil Kumar Srivastav Alias Sushil Srivastav Alias Sushil Kumar Srivastava v. the State of Jharkhand through Vigilance

Case brief

What is this about?

What did the court decide?

Sushil Kumar Srivastav Alias Sushil Srivastav Alias Sushil Kumar Srivastava v. the State of Jharkhand through Vigilance

Case brief

What is this about?

What did the court decide?

What the court decided

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