Allowed

Dr Sunil Kumar Singh v. the State of Jharkhand

Jharkhand HC19 Jun 2023A.B.A./4174/2023

Case brief

AI extract

What is this about?

Petitioner, a medical officer, sought anticipatory bail after being accused of illegal appointments and salary payments. Despite no prior show-cause notice under Section 41 Cr.P.C. and issuance of an arrest warrant, the single judge granted anticipatory bail on surrender with specific cooperation conditions.

What did the court decide?

Anticipatory bail granted upon surrender within four weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions regarding police attendance and cooperation.

Dr Sunil Kumar Singh Vs the State of Jharkhand — Criminal Trial and Appeal | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4174 of 2023

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Dr. Sunil Kumar Singh … Petitioner -versus- The State of Jharkhand … Opp. Party

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---CORAM : HON’BLE MR. JUSTICE ANANDA SEN

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For the Petitioner : Mr. Indrajit Sinha, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P.

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04/ 19.06.2023 I have heard the learned counsel for the petitioner and learned A. P.P. appearing for the State as also have gone through the First Information Report and the impugned order.

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The petitioner was a Medical Officer. He appointed two person namely, Mithlesh Kumar Jha and Santosh Kumar Jha illegally and they were paid salary from March 2002 to December 2003. For this appointment the petitioner was departmentally proceeded against. There was an order to recover the aforesaid amount from his salary in 27 installments. A writ application was filed by the petitioner which stood dismissed for default. Thereafter this FIR has been lodged alleging that the petitioner has illegally appointed two person and they were paid salary from government exchequer which is illegal.

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The learned counsel for the petitioner submits that the petitioner has already superannuated and further no notice under section 41 Cr.PC has been issued.

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The learned APP, on instruction, submits that notice under section 41(a) of the Code of Criminal Procedure has yet not been issued but warrant of arrest has been issued.

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Considering the nature of allegation and the fact that notice under section 41(a) has yet not been issued and warrant of arrest has been issued and there is apprehension of arrest, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, petitioner, namely, Dr. Sunil Kumar Singh, is directed to surrender before the Court below within four weeks from today and on his surrender/arrest, he will be enlarged 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 the Judicial Magistrate 1^st Class, Dumka in connection with Raneshwar Police Station Case No.23 of 2017 corresponding to G.R. No. 765 of 2017, with a condition that till filing of the Final Report, so far as this petitioner is concerned, the petitioner will

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appear and mark his attendance before the Officer-in-Charge, P.S. Raneshwar once in 15 days and will cooperate with the investigation, failing which the Officer-in-Charge will report the matter to this Court so that appropriate order can be passed.

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(Ananda Sen, J.)

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RKM/-

Dr Sunil Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dr Sunil Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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