Jharkhand High Court
Tapan Kanti Mondal @ T.K. Mondal vs The Union Of India Through C.B.I on 1 September, 2023
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 9106 of 2022
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Tapan Kanti Mondal @ T.K. Mondal ... Petitioner Versus The Union of India through C.B.I. ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Pratiush Lala, Advocate
For the C.B.I. : Mr. Anil Kumar, A.S.G.I.
: Ms. Chandana Kumari, A.C. to A.S.G.I.
: Mr. Nitish Parth Sarthi, A.C. to A.S.G.I.
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Order No.05 Dated- 01.09.2023
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with R.C. Case No. 06(A)/2017-D registered under sections 120B/420/468/471 of the Indian Penal Code and under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the then Director of Mines Safety (Examination) and Secretary to the Board of Mining Examinations, DGMS, Dhanbad, cancelled the Sirdar's Certificate of Meghlal Mandal on 30.07.2013 after conducting an enquiry but subsequently on 14.08.2013 on the ground of submission of false/forged experience certificate, memo was issued by the petitioner to Meghlal Mandal and the petitioner knowingly and dishonestly did not call for Sirdar's Certificate of Meghlal Mandal for making endorsement of cancellation on it as required under the Regulation but the petitioner in furtherance of criminal conspiracy entertained application dated 16.06.2015 of Meghlal Mandal for revalidation/renewal of Sirdar's Certificate; in criminal conspiracy with Meghlal Mandal and co-accused persons and in pursuance of such criminal conspiracy; Meghlal Mandal submitted application for renewal/medical examination of a holder of Sirdar's Certificate; which was received and endorsed by the petitioner on 16.06.2015 and after processing the said application, the petitioner knowingly and dishonestly issued call letter for medical examination of Meghlal Mandal; which facilitated revalidation/renewal of Sirdar's Certificate on 06.08.2015. It is further submitted that the allegations against the petitioner are all false and the petitioner was transferred to 17.07.2015 to Nagpur and he has no role to play on 06.08.2015. It is next submitted that the petitioner submitted a supplementary through Pairvikar that he is ready and willing to deposit Rs.19,00,000/- with the Director General of Mines Saftey, (DGMS), Dhanbad without prejudice to his defence in this case, subject to final decision of the case. It is then submitted that the co-accused has already been given the privilege of anticipatory bail by this Court vide order dated 11.01.2022, passed in A.B.A. No. 10202 of 2021. It is then submitted that charge sheet has already been submitted in this case and the petitioner all along cooperated with the investigation of the case, hence C.B.I. did not feel it necessary to arrest the petitioner. It is next submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned A.S.G.I. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of twelve weeks from the date of this order, he shall be released on bail on showing the proof of deposit of Rs.19,00,000/- with the Director General of Mines Safety, (DGMS), Dhanbad without prejudice to his defence in this case, subject to final decision of the case and on furnishing bail bond of Rs. 2,00,000/- (Rupees Two Lakhs) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I., Dhanbad, in connection with R.C. Case No. 06(A)/2017-D with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C. At the time of conclusion of the trial, the learned trial court will pass appropriate orders regarding the amount, if any, deposited by the petitioner with the Director General of Mines Safety, (DGMS), Dhanbad, in connection with this case.
(Anil Kumar Choudhary, J.) Sonu-Gunjan/