Sanjay Kumar v. the State of Jharkhand
Case brief
What is this about?
This court granted anticipatory bail to the petitioner in a criminal case involving alleged misappropriation of funds. The court directed surrender and conditioned bail on payment of specified amounts to victims as interim compensation and furnishing of sureties.
What did the court decide?
Anticipatory bail granted conditional on surrender, deposit of Rs. 6,69,497 and Rs. 10,00,000 to victims, bail bond with two sureties, and cooperation with investigation under Section 438(2) CrPC.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8297 of 2018
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Sanjay Kumar .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. R. S. Mazumdar, Sr. Advocate For the State : Addl.P.P.
Order No.03 Dated- 10.01.2019
Apprehending his arrest in connection with Giridih (T) P.S. Case No.209 of 2018 instituted under Sections 406, 409, 420, 381, 468, 471, 477 A and 489 A of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard learned senior counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.
Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that he defalcated a sum of Rs.33,40,336/from the account holders of the informant-Bank. Learned senior counsel appearing for the petitioner drawing attention of this Court to page-18 of the brief, submits that the petitioner has paid the defalcated amount in respect of the accounts of Indrajit Verma, Md. Mansoor Ansari and Shri Surendra Kumar Lal. It is further submitted that the petitioner is ready and willing to pay Rs.6,69,497/- of Shri Satyanarayan Goswami and Rs.10,00,000/- of Shrimati Saroj Toppo by way of two demand drafts as ad interim victim compensation in favour of the victims namely- Shri Satyanarayan Goswami and Shrimati Saroj Toppo respectively within three months. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Issues for consideration
2 issues framed by the court
Whether to grant anticipatory bail in anticipation of arrest for alleged defalcation.
Whether conditions regarding payment to victims are necessary for granting anticipatory bail.
Parties & counsel
- petitioner
Sanjay Kumar
- respondent
The State of Jharkhand
Coram
Anil Kumar Choudhary
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · January
- Registered
- Case no.
- A.B.A./8297/2018
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