Allowed

MD Javed v. the State of Jharkhand

Jharkhand HC13 Mar 2023A.B.A./1183/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in Lohsinghna P.S. Case No. 141 of 2018. The petitioner was apprehended for alleged embezzlement of government money under Sections 406/420/34 of the Indian Penal Code related to the Pradhan Mantri Awas Yojna Gramin scheme. The Court directed surrender within four weeks and imposed specific conditions, including a bail bond an

What did the court decide?

Anticipatory bail granted with direction to surrender within four weeks and conditions for bail bond, sureties, cooperation with investigation, and non-change of mobile number.

MD Javed Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1183 of 2023

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Md. Javed @ Javed Akhtar .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Lalan Kr. Singh, Advocate For the State : Mr. Naveen Kumar Gaunjhu, Addl.P.P ------

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Order No. 04 Dated- 13.03.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Lohsinghna P.S. Case No. 141 of 2018 instituted under Sections 406/ 420/ 34 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per F.I.R., allegation is that several persons including the petitioner have not completed the construction of houses under the Pradhan Mantri Awas Yojna Gramin (PMAYG) even after receiving their installments, which is a matter of embezzlement of government money.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner has completed the construction work of house sanctioned under Pradhan Mantri Awas Yojna, Gramin which is mentioned at para 50 of the case diary. It is further submitted that co-accused, Aarzu Begam @ Naaz Aarzu has been granted bail by this Court vide order dated 12.12.2022 passed in A.B.A. No.8041 of 2022. It is lastly submitted that petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate at Hazaribagh in connection with Lohsinghna P.S. Case No. 141 of 2018 with the condition that he will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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R.S./-

MD Javed v. the State of Jharkhand

Case brief

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MD Javed v. the State of Jharkhand

Case brief

What is this about?

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