Jharkhand High Court
Md Hamza vs The State Of Jharkhand Through ... on 5 February, 2015
Author: H.C.Mishra
Bench: H.C.Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 610 of 2014
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Md. Hamza .... Petitioner
-Versus-
The State of Jharkhand through Vigilance .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Kaushik Sarkhel
For the State through Vigilance : : M/s. Nilesh Kumar, A.P.P.
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14/ 05.02.2015. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner is apprehending his arrest in connection with Vigilance P.S. Case No. 20 of 2009, corresponding to Special Case No. 25 of 2009, for the alleged offence under Sections 420, 406, 408, 409, 120-B of the Indian Penal Code and Sections 12, 13(2) read with 13(i)(d) of the Prevention of Corruption Act.
The case relates to irregularities committed in the sanction of the building plan. Though the case was instituted in the year 2009 itself, but the petitioner was not named in the F.I.R. The involvement of the petitioner has been brought on record on 19.11.2013 when it was alleged that the petitioner was working as the then Junior Engineer and the plot number was wrongly mentioned in the map by him which was sent for sanction of the building plan.
Learned counsel for the petitioner has submitted that, that was only an error of record and by order dated 4.5.2010 passed in A.B.A. No. 377 of 2010 the then Vice Chairman of Ranchi Regional Development Authority, who had sanctioned the plan has already been granted anticipatory bail. Learned counsel has accordingly, prayed for anticipatory bail.
Learned counsel for the vigilance has opposed the prayer. In the facts of this case, I am inclined to grant anticipatory bail to the petitioner, Md. Hamza. Accordingly, it is directed that in the event of arrest / surrender, the petitioner named above shall be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Ranchi, in connection with, Vigilance P.S. Case No. 20 of 2009, corresponding to Special Case No. 25 of 2009, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(H.C.Mishra, J.) D.S.