Jharkhand High Court
Rajendra Kumar Jain vs State Of Jharkhand Thr.Vigilan on 9 July, 2012
Author: H.C.Mishra
Bench: H.C.Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No.2870 of 2012
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Rajendra Kumar Jain .... 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 : Mr.R.S.Mazumdar, Sr. Advocate.
Mr.Rajesh Kumar, Advocate.
For the Vigilance : Mr.T.N.Verma, Advocate.
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3/ 09.07.2012Heard learned counsel for the petitioner and the learned counsel for the Vigilance.
The petitioner has been made accused in Khunti P.S. Case No.114 of 2010 corresponding to Special Case No.61 of 2010 for the offence under Sections 161, 406, 409, 420, 467, 468, 471 & 34 of the Indian Penal Code read with Section 7 / 13 (1) (D) of the Prevention of Corruption Act.
The petitioner was posted as Assistant Engineer and in view of the allegation against the petitioner that in three projects, which were entrusted to him and to one Junior Engineer, there was a huge embezzlement of Rs.187.560 Lakhs.
The bail application of this petitioner was earlier rejected by order dated 14.9.2011 in B.A No. 5372 of 2011.
Learned counsel for the petitioner has renewed the prayer for bail, submitting that the case of the petitioner was that the entire amount was transferred to the account of the Junior Engineer for carrying out the construction works, who had embezzled the money. Learned counsel has submitted that the case of the petitioner is substantiated from the fact that now the State Government has filed the certificate case for realization of the said amount of Rs.187.560 lakhs from the Junior Engineer concerned only, and not against the petitioner. The Certificate case has been brought on record as Annexure 5 to this application. An Annexure 4 has been brought on record to show that the money was transferred to the account of the concerned Junior Engineer.
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Learned counsel for the petitioner has accordingly prayed for bail. Learned counsel for the Vigilance has opposed the prayer for bail, submitting that the money was initially handed over to the petitioner and it has come in the investigation that the proper measurement was not done by the petitioner.
In view of the fact that it has come that the entire money was transferred by the petitioner to the Junior Engineer and the Certificate case has also been filed against the Junior Engineer only, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Rajendra Kumar Jain is directed to 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 Khunti P.S. Case No.114 of 2010 corresponding to Special Case No.61 of 2010.
(H.C.Mishra, J.) B.S/