Jharkhand High Court
Ferdinand Kispotta vs The State Of Jharkhand Through C B I on 19 February, 2016
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.7180 of 2015
Ferdinand Kispotta ...... Petitioner
Versus
The State of Jharkhand through C.B.I. ...... Opposite Party
CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
For the Petitioner : Mr. Krishna Kumar Bhatt, Advocate
For the C.B.I. : Mr. Kailash Prasad Deo, Advocate
11/19.02.2016 Heard learned counsel for the parties.
It reveals that petitioner has been prosecuted with the allegation that he was involved in forwarding fake invoices against procurement of bitumen and against those invoices the contractors had obtained payment.
It is submitted that prayer for bail made on behalf of this petitioner was lastly rejected on 10.02.2015 vide order passed in B.A. No.8180 of 2014 giving liberty to renew the prayer for bail, if the trial is not concluded within six months from the date of presentation of that order. More than one year has elapsed after passing of said rejection order but till date the trial has not been concluded. The petitioner has already remained in custody for more than three and half years and he was posted as Assistant Engineer under Road Construction Department, Government of Jharkhand.
Learned counsel appearing for the C.B.I. has opposed the prayer for bail. Considering the period of detention of petitioner in jail custody and delay in disposal of the case, I feel inclined to give opportunity to the petitioner to contest the case by remaining outside the jail. In the circumstances, above named petitioner is directed to 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 the Court of learned Ranjana Asthana, A.J.C. cum Special Judge, C.B.I., Ranchi in connection with R.C. Case No.14(A)/2009 (R) with the condition that he shall remain physically present on each date falling within next six months and he shall cooperate with the trial. The trial judge shall proceed with the trial by giving shorter adjournments to conclude the trial and the C.B.I. shall produce all its witnesses, if possible, within next six months.
(D. N. Upadhyay, J.) NKC