Allowed

Om Prakash Vishwakarma v. the State of Jharkhand

Jharkhand HC21 Mar 2023A.B.A./946/2023

Case brief

AI extract

What is this about?

The High Court at Ranchi granted anticipatory bail to petitioners accused of misappropriating government funds. Petitioners surrendered the defalcated amounts and have no criminal antecedents. Bail granted subject to conditions including surrender within four weeks and co-operation with investigation.

What did the court decide?

Petitioners enlarged on bail on depositing Rs.20,000 each with two sureties, directed to surrender within four weeks, and to co-operate with investigation.

Om Prakash Vishwakarma Vs the State of Jharkhand — Money Laundering | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.11092 of 2022

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Rishu Ranjan, Adv.(in A.B.A. No.11092 of 2022) Mr. Tejo Mistry, Adv.(in A.B.A. No.946 of 2023) For the State : Mr. Pankaj Kumar, A.P.P.(in A.B.A. No.11092 of 2022) Mrs. Priya Shrestha, S.P.P.(in A.B.A. No.946 of 2023)

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Order No.05 Dated- 21.03.2023

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Sadar Town P.S. Case No. 13 of 2014 (G.R. No.63 of 2014) instituted under Sections 409 and 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.

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Both anticipatory bail applications arising out of same FIR have been heard together.

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The FIR was lodged on the basis of written report of Executive Engineer of Rural Development Special Division, Palamau with allegation that under the various development schemes, advance amount was sanctioned to the present petitioners for different works but without executing the work, petitioners in furtherance of their common intention along with other co-accused persons have misappropriated huge government money.

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Learned counsel for the petitioners has submitted that petitionerRavindra Prasad Sinha has already deposited defalcated amount of Rs.61,852/- to the concerned department and petitioner-Om Prakash Vishwakarma has also deposited defalcated amount of Rs.15,000/(Annexure-1/a) and Rs.7,05,845.26/- (Annexure-7) to the concerned department and no money is left against the petitioners to realize. Other co-accused after depositing the defalcated amount in the concerned department, have been extended privilege of anticipatory bail the Co-

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ordainte Bench of this Court vide order dated 30.08.2014, 28.7.2015, 06.05.2015, 15.01.2016 and 20.01.2023 passed in A.B.A. No.491 of 2014, A.B.A. No.1920 of 2015, A.B.A. No.552 of 2015, A.B.A. No.2353 of 2015 and A.B.A. No. 11290 of 2022 respectively. Petitioners have no criminal antecedents and they undertake to co-operate with the investigation of the case. Hence, the petitioners 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 petitioners.

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Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Palamau in connection with Sadar Town P.S. Case No. 13 of 2014 (G.R. No.63 of 2014) with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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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Pappu/

Om Prakash Vishwakarma v. the State of Jharkhand

Case brief

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Om Prakash Vishwakarma v. the State of Jharkhand

Case brief

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