Allowed¶6

Anil Kumar Mehrotra v. the Union of India through C B I

Jharkhand HC9 Aug 2024A.B.A./448/2024

Case brief

AI extract

What is this about?

A.B.A. No. 448 of 2024; High Court of Jharkhand, Ranchi; decided 09.08.2024; Sanjay Kumar Dwivedi, J.; anticipatory bail allowed for Anil Kumar Mehrotra (aged 76, retired DGM Material Management, Bokaro Steel Limited) apprehending arrest in CBI R.C.Case No.6(A)/2014(D) (IPC 120B, 420, 468, 471; PC Act 13(2) r/w 13(1)(d)); rationale: petitioner merely initiated post creation, higher authorities decided, charge sheet filed, no arrest/cooperation during investigation; relief: surrender within three weeks, bail bond Rs.25,000 with two like sureties, conditions u/s 438(2) CrPC.

What did the court decide?

Anticipatory bail: petitioner to surrender within three weeks and, on surrender/arrest, to be released on bail bond of Rs.25,000/- with two sureties of the like amount each, subject to conditions under section 438(2) CrPC. ¶6

Anil Kumar Mehrotra Vs the Union of India through C B I — Corruption | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in R.C. Case No.6(A)/2014(D), should be granted the privilege of anticipatory bail.

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Court's answer

Anticipatory bail granted: the petitioner had only initiated the creation of the post in question, was not the final authority, the higher authorities decided to advertise and appoint, the charge sheet was already submitted, the petitioner was not arrested during the investigation and cooperated in it; hence the Court was inclined to grant anticipatory bail.

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Ratio / Principle

Operative directions: petitioner directed to surrender before the learned court within three weeks; on surrender/arrest he is to be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-IIIrd cum Special Judge, CBI, Dhanbad, in connection with R.C.Case No.6(A)/2014(D), subject to conditions under section 438(2) of the Code of Criminal Procedure.

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Detailed headnote1 paragraphs

Anticipatory bail — High Court of Jharkhand, Ranchi (A.B.A. No. 448 of 2024, decided 09.08.2024, Sanjay Kumar Dwivedi, J.) — Petitioner, aged 76 years and retired on 30.09.2008 as Deputy General Manager (DGM) (Material Management) of Bokaro Steel Limited, apprehended arrest in R.C.Case No.6(A)/2014(D) registered under sections 120B, 420, 468, 471 of the IPC and section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, pending before the Additional Sessions Judge-IIIrd cum Special Judge, CBI, Dhanbad; allegation confined to his having noted/initiated creation of the post of PR cum Staff Assistant/Jr. P.R cum Jr. Staff Assistant (Corporate Social Responsibility Activity). Held: petitioner only initiated creation of the post, was not the final authority, and the higher authorities decided to advertise and appoint; the charge sheet had already been submitted, the petitioner was not arrested during investigation and cooperated — anticipatory bail granted. Petitioner directed to surrender within three weeks and, on surrender/arrest, to be released on bail bond of Rs.25,000/- with two sureties of the like amount each, subject to section 438(2) CrPC conditions.

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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A.B.A. No. 448 of 2024

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----

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Anil Kumar Mehrotra, aged about 76 years, son of late P.N. Mehrotra, the then General Manager (DGM) (MM) BSL Unit office PO Parliament Street P.S.Patel Chowk, District New Delhi, PIN 110001, presently residing at Plot No.A-4, Flat No.M-3B Shalimar Extension Garden 2, PO Sahibabad, and P.S Ghaziabad, District Ghaziabad, District Uttar Pradesh-201005 .... Petitioner

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-- Versus -- The Union of India, through C.B.I. .... Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Prem Pujari Roy, Advocate For the State :- Mr. Anil Kumar, A.S.G.I. Mr. N.P.Sarthi, Advocate ----

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5 /09.08.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent CBI.

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The petitioner is apprehending his arrest in connection with R.C.Case No.6(A)/2014(D), for the offence registered under sections 120B, 420, 468, 471 of the IPC and section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, pending in the court of learned Additional Sessions Judge-IIIrd cum Special Judge, CBI, Dhanbad.

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Learned counsel for the petitioner submits that the petitioner is aged about 76 years and retired from the service of Bokaro Steel Limited (BSL) on 30.09.2008 from the post of Deputy General Manager (DGM) (Material Management) BSL Unit office, New Delhi. He submits that the petitioner is an innocent person and the petitioner has got no role for appointment or advertisement and the only allegation against the petitioner is made that by way of his noting the creation of the post of PR cum Staff Assistant /Jr. P.R cum Jr. Staff Assistant (Corporate Social Responsibility Activity) has been done. He

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submits that the petitioner is junior person and the authority concerned have taken the decision.

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Mr. Anil Kumar, the learned A.S.G.I. appearing for the respondent C.B.I opposed the prayer on the ground that this petition has initiated the said proposal in absence of any proposal or sanction from any of the competent authority and in view of that the petitioner has been charge sheeted.

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In view of the above and considering that the petitioner has only initiated for the creation of the said post and he is not the final authority and the higher authorities have decided to advertise for the same and appoint and further as it has been pointed out that the charge sheet has already been submitted and in course of the investigation, the petitioner was not arrested and the petitioner has cooperated in the investigation and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

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Accordingly, the petitioner- Anil Kumar Mehrotra, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-IIIrd cum Special Judge, CBI, Dhanbad, in connection with R.C.Case No.6(A)/2014(D), subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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( Sanjay Kumar Dwivedi, J.)

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SI/

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Anil Kumar Mehrotra v. the Union of India through C B I

Case brief

What is this about?

What did the court decide?

Anil Kumar Mehrotra v. the Union of India through C B I

Case brief

What is this about?

What did the court decide?

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What the court decided

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