Allowed

Rajia Begam v. Union of India through the CBI

Jharkhand HC18 May 2023A.B.A./1487/2023

Case brief

AI extract

What is this about?

In an oral order dated 18.05.2023, the High Court of Jharkhand allowed an application for anticipatory bail. The court held that the petitioner, a housewife and not a company director, was dragged into the case despite transfer of funds to her account. Bail was granted contingent on furnishing a bond and meeting a specific income tax condition.

What did the court decide?

Application for anticipatory bail allowed; parish upon surrender within two weeks, furnishing a bond of Rs. 1,00,000/- with two sureties, one of whom must be an Income Tax Payee.

Rajia Begam Vs Union of India through the CBI — Cheating and Forgery | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 1487 of 2023

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Rajia Begam … …. Petitioner

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Versus The State of Jharkhand … …. Opp. Party ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----For the Petitioner : M/s Rajkumar Rajesh, Niranjan Kumar, Advocates For the CBI : M/s Anil Kumar, Addl.S.G.I. Nitish Parth Sarthi & Chandana Kumari, AC to Addl.S.G.I.

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The State of Jharkhand … …. Opp. Party

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Oral Order

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07 / Dated : 18.05.2023

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Apprehending her arrest, the petitioner named above has moved this Court for grant of anticipatory bail in connection with R.C. Case No. 31(S)/2017 EOW/Ranchi registered under Sections 406, 420 of Indian Penal Code, pending in the Court of learned S.D.J.M.-cum-Special Judicial Magistrate C.B.I, Dhanbad. Heard the parties.

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As per the prosecution case, in compliance to the order dated 11.05.2015 passed in W.P. (PIL) No. 1635 of 2014 and subsequent order dated 21.04.2017 passed in W.P. (PIL) No. 642 of 2016, investigation was taken over by the CBI against the chit fund companies. Pakur (Town) P.S. Case No. 178 of 2015 was registered against Md. Mukarram and four others of M/s Shunshine Global Agro Limited and re-registered as R.C. Case No. 31(S)/2017 EOW-R on 13.09.2017. M/s Shunshine Global Agro Limited was previously known as Shunshine Forestry Pvt. Ltd. The managing director and director of M/s Shunshine Global Agro Limited collected and deposits to the tune of Rs.2,47,47,673/- from the District of Pakur, Godda etc. through their local agents and branch in-charge and Md. Mokarram, Lekh Narayan Chand, Anand Kumar Jha and Md. Ahteshamul were authorized signatories of the bank account of M/s Shunshine Global Agro Limited in different bank.

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The main case of the prosecution is that the petitioner is the wife of Md. Mokarram and from the account of the company, Rs.88,08,000/- was transferred in her personal account and she was the beneficiary of the offence.

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It is submitted by learned counsel for the petitioner that the petitioner is house wife as stated in the charge sheet and was not involved in soliciting the customers and she was no way associated with the company. The petitioner has been dragged in this case for the reason that she is the wife of one of the directors of

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the company. After investigation, charge sheet has been submitted and cognizance has also been taken.

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Learned counsel for the CBI has opposed the prayer for bail and submitted that crime proceeds were transferred in her account.

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Considering the fact that the petitioner was not the director of the company and was the house wife of one of the directors and after investigation, charge sheet has been submitted, the anticipatory bail application is allowed. Hence, in the event of her arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on furnishing bail bond of Rs.1,00,000/- (Rupees One Lakh) with two sureties of the like amount each to the satisfaction of learned Court below, subject to conditions laid down under section 438 (2) Cr. P.C. and further subject to condition that one of the bailers will be Income Tax Payee.

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AKT

Rajia Begam v. Union of India through the CBI

Case brief

What is this about?

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Rajia Begam v. Union of India through the CBI

Case brief

What is this about?

What did the court decide?

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