Allowed

Krishna Kumar v. Central Bureau of Investigation through S P E O W Ranchi

Jharkhand HC20 Nov 2019A.B.A./7813/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving the Prevention of Corruption Act, IPC offences of conspiracy and cheating, and the Negotiable Instruments Act, subject to monetary surety and appearance conditions.

What did the court decide?

Anticipatory bail granted on bail bond of Rs. 2,00,000 with two sureties, subject to appearance conditions; trial to be concluded within six months.

Krishna Kumar Vs Central Bureau of Investigation through S P E… — Corruption | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7813 of 2018

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Krishna Kumar @ Krishn Kumar

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… Petitioner Versus The Central Bureau of Investigation through S.P.E.O.W., Ranchi … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. J.S. Tripathi, Advocate For the C.B.I. : Mrs. Nitu Sinha, Advocate ------

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Order No.08 Dated- 20.11.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with R.C. Case No.0932013S007 (RC7/13) registered under sections 120B/406/420 of the Indian Penal Code as well as under section 138 of the Negotiable Instrument Act in which charge sheet has been filed against the petitioner for the offence punishable under section 120B and 420 of the Indian Penal Code and under section 13(2) read with section 13 (1) (d) of the Prevention of Corruption Act, 1988.

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Heard the parties.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner while posted as Circle Officer of Nagri Circle ordered for mutation of 14 plots covering a total area of 57.06 decimals of land belonging to Plot No.841, Khata No. 155, Thana No.228, Mauza –Pundag which was over and above the permissible limit as maximum 50 decimals of land could have been mutated and thereby he passed order for an excess mutation of 7.06 decimals of land. It is further submitted by the learned counsel for the petitioner that the allegation against the petitioner are false and the petitioner is still posted as Special Officer, Notified Area Committee, Jamshedpur. It is then submitted that the petitioner is a government servant and he has all along cooperated with the investigation of the case, hence C.B.I.

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did not feel it necessary to arrest the petitioner during the investigation of the case and since charge sheet has already been submitted and cognizance has already been taken, hence no fruitful purpose will be solved by denying the bail to the petitioner. It is next submitted that the petitioner is ready to abide by any condition for cooperating with the trial and ensuring his attendance during the trial. It is then submitted that Cr.M.P. No. 2194 of 2014 has already been withdrawn by the petitioner. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned counsel for the C.B.I. submits that since it is a year old case, hence the learned trial court be directed to conclude the trial expeditiously.

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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.0932013S007 (RC7/13) with the condition that the bailers of the petitioner must be government servant and the petitioner will remain present before the court below on each and every date to which the case will be listed and in case of his inability to appear before the court below, he must assign sufficient reasons to the court below concerned and other conditions laid down under section 438 (2) Cr. P.C.

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The learned trial court is directed to conclude the trial preferably within a period of six months from the date of this order.

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(Anil Kumar Choudhary, J . )

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Sonu-

Krishna Kumar v. Central Bureau of Investigation through S P E O W Ranchi

Case brief

What is this about?

What did the court decide?

Krishna Kumar v. Central Bureau of Investigation through S P E O W Ranchi

Case brief

What is this about?

What did the court decide?

What the court decided

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