Justice Rongon Mukhopadhyay allowed bail to petitioner Aftab Ali in an embezzlement case, directing release upon furnishing a bond of Rs. 10,000 and two sureties of like amount, following partial payment of the embezzled amount.
Released on bail with a bond of Rs. 10,000 and two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3961 of 2020
Aftab Ali ... … Petitioner Versus The State of Jharkhand ... … Opposite Party --------CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing- Video Conferencing Video Conferencing --------- For the Petitioner : Md. Shahabuddin, Advocate For the State : None ---------
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing- Video Conferencing Video Conferencing
04/07.10.2020 Heard Md. Shahabuddin, learned counsel for the petitioner. None appears on behalf of the State.
The petitioner is an accused in connection with Sector IV Bokaro P.S. Case No. 04/2020.
It has been alleged that the informant had given the details of his ATM Card and Yono App to a person claiming himself to be the accountant of SBI. Between 04.01.2020 and 06.01.2020, Rs. 10,67,000/- was embezzled from the account of the informant. The implication of the petitioner stems from the fact that from the CDR the petitioner was found in constant touch with the co-accused Ram Sharan Rai. It also appears that Rs. 6,00,000/- from the Bank Account of the informant was transferred to Tanishque Jewelers, Lucknow for purchasing Jewelry and purchase receipts were sent to the WhatsApp of the petitioner.
On 05.10.2020 learned counsel for the petitioner had stated that the draft of Rs. 10,67,000/- has been deposited by the other accused persons before the learned court below. Today through e-mail he has sent three drafts which amounts to Rs. 4,00,000/-, Rs. 2,61,500/- and Rs. 3,00,000/- which adds up to Rs. 9,61,500/-.
Md. Shahabuddin, learned counsel for the petitioner submits that some amount of cash was recovered by the Police and the same was got released in favour of the informant and therefore the other three accused persons have paid the balance amount through drafts as indicated above.
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The petitioner appears to be in custody since 28.02.2020.
Regard being had to the aforesaid facts, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Bokaro in connection with Sector IV Bokaro P.S. Case No. 04/2020.
(R. Mukhopadhyay, J.)
Alok/-
1 issue framed by the court
Whether the petitioner accused in an embezzlement case qualifies for release on bail upon depositing substantial sums and ensuring recovery of victim's funds.
Aftab Ali
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
