Jharkhand High Court
Malti Devi @ Malti Kumari vs The State Of Jharkhand Through Acb .... ... on 9 August, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 3751 of 2024
----
Malti Devi @ Malti Kumari, aged about 48 years, wife of Sri Arjun Ram, the then Ward Councilor of Ward No.5 of Chatra, resident of Mohalla-Chaur, P.O. & P.S. - Sadar, District - Chatra .... Petitioner
-- Versus --
The State of Jharkhand through ACB .... Opposite Party
----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Mahesh Tewari, Advocate For the State :- Mr. Vineet Kr. Vashistha, Advocate
----
05/09.08.2024 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the respondent State.
2. The petitioner is apprehending his arrest in connection with Vigilance Case No.42 of 2015 corresponding to Vigilance (Ranchi) P.S. Case No.32 of 2015 for the alleged offence registered under Sections 406, 420, 467, 468, 471, 409 and 120B of the Indian Penal Code and Sections 13(2) read with Section 13(1)(C)(D) of the Prevention of Corruption Act, 1988, pending in the Court of learned Special Judge, (ACB), Hazaribag.
3. Mr. Mahesh Tewari, learned counsel appearing for the petitioner submits that allegations are made that 149 beneficiaries were selected in the Ward No.5, according to the old DPR. It is further alleged that a total of 105 beneficiaries have been selected in the new list out of which 30 new beneficiaries have been --1-- A.B.A. No. 3751 of 2024 provided the benefit of Integrated Housing and Slum Development Programme Scheme (IHSDP). He further submits that allegations are there of first number 13 have been planned in the name of Sukhna Mochi, son of Bandho Mochi and second number 30 has been planned in the name of Dashvi Devi, wife of Butta Mochi. It is alleged that two story house have been built up only on the same land. He submits that apart from that there is no allegation even the amount has not been disclosed what has been defalcated. He further submits that this allegation is of the year 2015 and till date the investigation is not completed and the petitioner is cooperating in the investigation and he will not tamper with any evidence during the pendency of the trial.
4. Learned counsel appearing for the State opposed the prayer on the ground that allegation of misappropriation of Integrated Housing and Slum Development Programme Scheme is there.
5. Looking into the contents of the FIR, there is no mention of amount however the allegations are made that the construction is made and even double story building and the certain beneficiaries have been provided the benefit apart from that nothing is there and till date the investigation has not been completed and the allegation is of the year 2015, I am inclined to provide privilege of anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from --2-- A.B.A. No. 3751 of 2024 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 Special Judge, (ACB), Hazaribag, in connection with Vigilance Case No.42 of 2015 corresponding to Vigilance (Ranchi) P.S. Case No.32 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Sanjay Kumar Dwivedi, J.) Sangam/ --3-- A.B.A. No. 3751 of 2024