Jharkhand High Court
Sanjay Kumar Sharma vs The State Of Jharkhand Through Acb .. ... ... on 7 August, 2023
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 2301 of 2023
Sanjay Kumar Sharma. .... .. ... Petitioner(s)
Versus
The State of Jharkhand through ACB .. ... ...Opp. Party(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........
For the Petitioner : Mr. A. K. Das, Advocate
Mr. Lukesh Kumar, Advocate
For the ACB : Mr. Vineet Kr. Vashistha, SPP
......
05/ 07.08.2023. Apprehending his arrest, petitioner above-named has moved this Court for grant of anticipatory bail in connection with A.C.B. P.S. Case No.3 of 2022 (Dumka A.C.B. Case No.3 of 2022) registered under Sections 406, 409, 420, 467, 468, 471, 477(A), 120(B), 201 of the Indian Penal Code and Section 13(1) read with 13(1)(c)(d), 13(2) read with 13(i)(a) of P.C. Act, 1988.
Heard the parties.
As per the case of prosecution, the FIR has been lodged by Dy.S.P., ACB, Ranchi regarding the work having been not completed by the Contractor within the stipulated time despite the extension of time being granted. In this matter, a Six Member Enquiry Committee was constituted by the Chief Engineer and the Committee made the final measurement on 28.05.2022 and contract was cancelled. The Committee found that the total work was of Rs.172.69 Lakhs whereas the payment was made to the tune of Rs.242.49 Lakhs and thereby there was embezzlement of about Rs.70 Lakhs public money.
It is submitted by learned counsel for the petitioner that the petitioner was posted as the Executive Engineer, PHED Department, Godda from July 2007 to December, 2010 and during this period, the work was not completed and thereafter he was transferred from that place. From July 2007 to December, 2010, he issued work order with respect to Agreement No.F 2-26 of 2005-06. This petitioner was not involved in the measurement of work which was done by the Junior Engineer concerned. It is submitted that he had endorsed the measurement book No.235 and the six member committee found the measurement book to be defective.
It is submitted that the document on the basis of which the criminal liability is sought to be fastened on the petitioner is signature on the measurement book. There were different measurement books and signature over one or two measurement books cannot be itself made out the offence. Further information had been obtained under RTI by the petitioner from which it will be apparent that on the said date of inspection, six member committee had not even visited the place where the said inspection was made. This assertion has been made on the basis of log book details regarding movement of officers concerned.
It is submitted that no departmental proceeding has been initiated against the petitioner. Before the enquiry took place, in the year 2009 he wrote against the Contractor for cancellation of the contract vide memo No.367 dated 3.07.2009 to the Department.
Learned SPP for the ACB has vehemently opposed the prayer. It is submitted that the case of co-accused, Dhairya Nandan Prasad (who has been granted anticipatory bail by this Court) was on different footing from the petitioner. Payments were made much in excess than the work originally completed.
Considering the submissions of learned counsel that this petitioner had written for cancellation of the contract, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of three weeks from the date of receipt of a copy of this order before the learned court below, the petitioner named above 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 Court below, subject to the conditions laid down under Section 438(2) Cr. P.C. The petitioner will co-operate in the investigation and will appear on notice under Section 41 A of Cr.P.C. as and when his presence is required and comply with the condition as laid down under Section 438(2) of the Cr.P.C.
(Gautam Kumar Choudhary, J.) Sandeep/ uploaded.