Directs release of petitioner accused under IPC Sections 409/420 on regular bail upon furnishing a bond of Rs.20,000 with two sureties, noting false impugnation allegations and recovery of funds.
Release on bail by furnishing bond of Rs.20,000 with two sureties of the like amount each to C.J.M., Hazaribag.
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. 5526 of 2019
Ritlal Mahto …Petitioner
-V e r s u s-
The State of Jharkhand ...Opp. Party
CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : - Mr. Abhay Prakash, Advocate For the State :- Mr. Satish Kumar Keshri
03/16.07.2019
Heard learned counsel for the parties.
Petitioner is an accused for the offences punishable under Sections 409/420 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. As per the allegation, the claim amount of Sadar Hospital, Hazaribag under Ayushman Bharat Scheme was fraudulently credited in the account of the petitioner maintained in the Union of India, Ananda College, Hazaribag Branch, Hazaribag. Learned counsel for the petitioner while referring to a copy of certificate issued by the National Insurance Company, Kanke Branch, Ranchi, submits that the said amount was incidentally credited in the Bank account of the petitioner due to wrong updating of his account in HEM portal under Ayushman Bharat Scheme. It has also been mentioned in the said certificate that the claim amount of Rs.4,05,200/- has already been recovered from the petitioner. As such, the petitioner, who is in judicial custody since 20.12.2018, may be given the privilege of regular bail.
Learned A.P.P. opposes the petitioner’s prayer for bail.
Considering the aforesaid facts and circumstances, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/(rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hazaribag, in connection with Sadar P.S. Case no. 517 of 2018.
Ritesh
(Rajesh Shankar, J.)
2 issues framed by the court
Whether the petitioner accused of offences under Sections 409/420 IPC should be released on regular bail.
Whether the claim that the accused was falsely implicated and that funds were recovered via the Ayushman Bharat scheme warrants bail.
Ritlal Mahto
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
