Patna High Court - Orders
Subh Laxmi Prasad @ Shubh Lakshmi Prasad vs The Central Bureau Of Investigation ... on 8 September, 2022
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65484 of 2021
Arising Out of PS. Case No.-15 Year-2017 Thana- C.B.I CASE District- Patna
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Subh Laxmi Prasad @ Shubh Lakshmi Prasad, W/o Late Binoda Nand
Prasad, Resident of Mohalla- Rani Talab Road Fatehpur, Ang- Vihar
Apartment, Block 'C' Near BCE, P.S.- Saboru, Dist- Bhagalpur.
... ... Petitioner/s
Versus
The Central Bureau of Investigation (C.B.I.), New Delhi
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate
For the Opposite Party/s : Mrs. Nivedita Nirvikar, Sr. Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 08-09-2022Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
2. Heard Mr. Uday Pratap Singh, learned counsel for the petitioner and Mrs. Nivedita Nirvikar, learned senior counsel for the C.B.I.
3. The petitioner seeks regular bail, who is in custody in connection with R.C. No. 15/A/2017, giving rise to Spl. Case No. 13 of 2020, arising out of Kotwali (Adampur) P.S. Case No. 508 of 2017, for the offences punishable under Sections 120B/34, 409, 420, 467, 468, 471 of the Indian Penal Code and Sections 13(2) r/w 13(1)(c) & 13(1)(d) of the Prevention of Corruption Act, 1988.
Patna High Court CR. MISC. No.65484 of 2021(4) dt.08-09-2022 2/8
4. The prosecution case is based on a written report filed by the Branch Incharge of Bhagalpur Central Co-operative Bank Ltd., Bhagalpur alleging therein that during the period 2012-14, the officials of Indian Bank, Bhagalpur Branch and others fraudulently embezzled an amount of Rs.30,25,43,630/- from the Current Account No.6084978909 of the Bhagalpur Central Co-operative Bank Ltd., Bhagalpur Branch maintained with the Indian Bank Bhagalpur Branch, Bhagalpur. It is further alleged that during the period 2012-14, the proceeds of five cheques worth Rs.20,00,00,000/- (Twenty Crore) issued by the Bhagalpur Central Co-operative Bank Ltd., Bhagalpur were not credited in its current account and Sweep Account No.6084978909 maintained with the Indian Bank, Bhagalpur Branch, rather the officials of the Indian Bank, Bhagalpur Branch and others fraudulently embezzled the said amount. Further during the period 2012-17, the officials of the Bank of Baroda, Bhagalpur Branch and others fraudulently embezzled an amount of Rs.17,94,85,446.83 from the Current Account No.10010100013202 of the Bhagalpur Central Co-operative Bank Ltd., Bhagalpur Branch maintained with the Bank of Baroda, Bhagalpur Branch, Bhagalpur. It is further alleged that during the period 2012-17, the proceeds of nine cheques, worth Patna High Court CR. MISC. No.65484 of 2021(4) dt.08-09-2022 3/8 Rs.30,95,28,000/-, issue by the Bhagalpur Central Co-operative Bank Ltd., Bhagalpur were not credited in its current account and Sweep Account No. 10010100013202, maintained with the Bank of Baroda, Bhagalpur Branch, rather the officials of the Indian Bank, Bhagalpur Branch and others fraudulently embezzled the said amount.
5. Learned counsel appearing on behalf of the petitioner submits that the petitioner is an old lady, aged about 80 years, and she has been implicated in this case only because she was associated with NGO, namely, Srijan Mahila Vikash Sahyoug Samiti Ltd. (hereinafter referred to 'SMVSSL') and by the authorization of the Managing Committee she has signed some cheques as joint signatory during the course of her working as President. From the materials on record, it would be evident that the name of the petitioner does not figure in the first set of charge-sheet, but in the supplementary charge-sheet the petitioner has been named alleging therein that she has signed over a cheque bearing no. 548423 dated 08.03.2016 along with the then Secretary of the SMVSSL, namely, Manorama Devi, amounting to Rs. 2 Crore in favour of Bhagalpur Central Co- operative Bank Ltd., Bhagalpur only in order to cover up frauds with the account of Bhagalpur Central Co-operative Bank Ltd., Patna High Court CR. MISC. No.65484 of 2021(4) dt.08-09-2022 4/8 Bhagalpur. He next submits that the petitioner is not the beneficiary in the entire alleged crime, as during the course of investigation, not a single penny has been seized/recovered either from the account of petitioner or from her possession. He further submits that the present case is based on documentary evidence and now the charge-sheet having been filed on 16.06.2020 itself, keeping the petitioner behind the bar would serve no further purpose. It is also submitted that one of the co- accused, namely, Pankaj Kumar Jha, who happened to be the then Managing Director of the Bhagalpur Central Co-operative Bank has been granted bail by the Hon'ble Supreme Court in Cri. Appeal No. 484 of 2020, arising out of SLP (Cri) No. 1530 of 2020 vide order dated 17.07.2020. Following the aforesaid order of the Hon'ble Supreme Court other co-accused, namely, Hari Shankar Upadhyay, Subrato Das, Atul Raman and Ram Krishna Jha, have been granted bail by the different learned co- ordinate Benches of this Court.
6. It is next submitted that with regard to the present case, the investigation is already completed and charge-sheet has already been submitted and moreover any further interrogation is not required. However, though the petitioner is in custody since 28.11.2019, she has been remanded in the Patna High Court CR. MISC. No.65484 of 2021(4) dt.08-09-2022 5/8 present case on 19.10.2020.
7. On the other hand, learned senior counsel representing Central Bureau of Investigation (CBI) vehemently opposes the bail application and submits that the petitioner is non-else, but the President of SMVSSL and she being signatory of the cheques, her complicity of the present crime cannot be ruled out. The materials collected during the course of investigation speak loudly against the petitioner that she in collusion with the Secretary of the SMVSSL, Smt. Manorama Devi, in order to cover up the fraud issued cheque of Rs.2 crore and credited into the account of Bhagalpur Central Co-operative Bank Ltd., Bhagalpur so that the fraud remain undetected. It is also submitted that during the course of investigation sufficient oral and documentary evidence have come and on being found prima facie involvement of the petitioner, a supplementary charge-sheet has been submitted against her. The learned counsel for the CBI also relied upon some of the celebrated judgments of the Hon'ble Supreme Court rendered in the case of Kehar Singh & Ors Vs. State (Delhi Admn.), since reported in AIR 1988 SC 1883 as also in the case of Nimmagadda Prasad Vs. C.B.I., Hyderabad, since reported in (2013) 7 SCC 466.
8. In response to the aforesaid submissions, learned Patna High Court CR. MISC. No.65484 of 2021(4) dt.08-09-2022 6/8 counsel for the petitioner submits that the Hon'ble Supreme Court in the case of Sanjay Chandra Vs. C.B.I., reported in (2012) 1 SCC 40 (2G scam case) while allowing the bail application of the applicant has taken a view that since investigation has already been completed and charge-sheet is already filed, therefore, the presence of the appellant in custody may not necessary for further investigation and granted bail to the appellant, pending trial.
9. Having considered the submissions made on behalf of the parties, this Court finds that the learned counsel for the CBI has not denied that the investigation of the present case is already completed and further no material has been brought on record to show that her release would cause any impediment in speedy disposal of the trial, apart from the fact that there is no allegation that the petitioner is indulged in tampering with the evidence and not co-operating in the investigation of any other case or in the trial.
10. It is also taken note of the fact that the Hon'ble Supreme Court has been pleased to grant bail to the co-accused, namely, Pankaj Kumar Jha by taking into account the period of incarceration of the petitioner and factum of investigation being complete and further on relying upon the aforesaid order of the Patna High Court CR. MISC. No.65484 of 2021(4) dt.08-09-2022 7/8 Hon'ble Supreme Court, the other co-accused persons have also been granted bail by the different learned coordinate Benches of this Court and moreover, the trial is not likely to be concluded in near future and this petitioner is in custody since 28.11.2019 and remanded in this case on 19.10.2020, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, C.B.I.- II, Patna in connection with R.C. No. 15/A/2017, giving rise to Spl. Case No. 13 of 2020, arising out of Kotwali (Adampur) P.S. Case No. 508 of 2017 with the following conditions:
(i) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner.
(ii) One of the bailors shall be resident of the territorial jurisdiction of the learned court below,
(iii) The petitioner shall not leave the country without permission of the learned trial court.
(iv) The court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bonds of the Patna High Court CR. MISC. No.65484 of 2021(4) dt.08-09-2022 8/8 petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Harish Kumar, J) uday/-
U T