The High Court of Jharkhand rejected the petitioner's prayer for anticipatory bail in a criminal trial concerning alleged embezzlement of government funds. The court held that specific allegations of misappropriation of public money preclude the grant of such bail.
Prayer for grant of anticipatory bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1079 of 2023
Gilbert Xalxo …... …. Petitioner Versus The State of Jharkhand .…. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : Mr. K. S. Nanda, Advocate For the State : Mr. S. K. Tiwari, A.P.P --------
07/ Dated 18.07.2023
Heard the parties.
The petitioner is apprehending his arrest in connection with Ghaghra P.S. Case No. 98 of 2015, corresponding to G.R Case No.1232 of 2015, for the offences under Sections 409 & 420 of the Indian Penal Code, pending in the Court of learned S.D.J.M., Gumla.
Petitioner was given Rs.4,48,275/- for plantation of trees. The petitioner embezzled the said amount.
Mr. K. S. Nanda, learned counsel for the petitioner has submitted that petitioner is ready to deposit the misappropriated amount.
Considering the fact that there is specific allegation against the petitioner that he had misappropriated the government money; I am not inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail is hereby, rejected.
BS/
(Ambuj Nath, J.)
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who is apprehending arrest for alleged misappropriation of government funds.
Whether the petitioner's readiness to deposit the misappropriated amount is sufficient grounds to grant anticipatory bail.
Whether specific allegations of embezzlement of government money preclude the grant of anticipatory bail.
1 provisions across 1 enactments
Gilbert Xalxo
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
