Allowed

Bagun Sinku v. the State of Jharkhand

Jharkhand HC10 May 2019A.B.A./983/2019

Case brief

AI extract

What is this about?

In an anticipatory bail petition, the High Court of Jharkhand granted bail to the petitioner, a village head's husband, accused of misappropriating PMGSY funds, conditioned on depositing Rs. 1 lakh and furnishing a bond with two sureties. The court allowed surrender within three months.

What did the court decide?

Grant of anticipatory bail conditioned on deposit of Rs. 1,00,000/- and furnishing a bail bond of Rs. 25,00/- with two sureties within three months or in event of arrest/surrender.

Bagun Sinku Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 983 of 2019

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Bagun Sinku … Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Anajni Kumar, Adv. For the State : Addl. P.P.

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04 / 10.05.19 Heard the parties.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kumardungi P.S. Case No. 45 of 2018 registered under Sections 420, 406 and 409/34 of the Indian Penal Code.

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The learned counsel appearing for the petitioner submits that the allegations against the petitioner is that petitioner is the husband of the Mukhia of Ulihatu Panchayat and he was instrumental in transferring of funds under the head Prime Minister Gramin Aawas Yojna to certain persons who were otherwise not entitled to receive the same amount. It is further submitted that the alleged beneficiaries have already deposited the said amount and in this connection learned counsel for the petitioner draws attention of the court to page 56-61 (annexure 2) of the brief which are the copies of the Nazarat receipts of the office of the Block Development Officer, Kumardungi. It is next submitted that the allegations against the petitioner are false. It is then submitted that the petitioner is not a government servant and he is ready and willing to deposit Rs. 1,00,000/- with the Block Development Officer, Kumardungi without prejudice to his defence subject to the final decision in the case , hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of three months from the date of this order, the petitioner shall be released on bail on showing the proof of deposit Rs. 1,00,000/- with the Block Development Officer, Kumardungi and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Chaibasa in connection with Kumardungi P.S. Case No. 45 of 2018 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Adhar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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It is made clear that at the time of the conclusion of the trial, the trial court will be at liberty to pass any order regarding the amount already paid by the petitioner with the Block Development Officer, Kumardungi.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Bagun Sinku v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bagun Sinku v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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