Jharkhand High Court
Sidharth Shankar Choudhary vs Union Of India Through Cbi ... Opp. Party ... on 23 October, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7158 of 2018
with
B.A. No. 7177 of 2018
Sidharth Shankar Choudhary
@ Siddharth Shankar Choudhary ... Petitioner(in both cases).
Versus
Union of India through CBI ... Opp. Party (in both cases).
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner(s) : Mr. R.S. Mazumdar, Sr. Advocate
Mr. Pratik Sen, Advocate.
For the CBI : J.C. to Mr. Rajiv Sinha, ASGI
.........
03/23.10.2018: Heard the counsel for the parties.
Learned J.C. to ASGI opposes the prayer for bail.
The petitioner is an accused in both cases for the offence punishable under Section(s) 120-B, 201, 109, 423, 424, 467, 468, 469, 471, 477-A, 419, 420, 409, 506 of the Indian Penal Code and Section 13(2) r/w Sections 13(1)(d) of the Prevention of Corruption Act, 1988.
The petitioner was posted from 9.7.2007 to 11.10.2010 as Circle Officer, Deoghar. The allegation against the petitioner is that he entered into conspiracy with other government officials like BDO etc., issued the land verification report and after granting NOC, the land was sold by virtue of sale deed and an order for mutating the land, which was in fact non-transferable, was passed by the petitioner. It is alleged that no sale transaction could have been entered in respect of the land, which was non-transferable.
Senior counsel for the petitioner submits that he was merely posted about three years and all other accused persons having similar allegation have been granted bail by co-ordinate Bench of this Court. He further submits that two separate cases have been lodged against this petitioner i.e. one for granting NOC and another for passing an order for mutating the land. He also submits that on the basis of sale deed, the petitioner has passed the order for mutating the land. He also submits that whether the sale deed was bad or null and void could not have been decided by this petitioner being a quasi judicial authority. He also submits that after granting of NOC and order for mutating the land does not confer right and title of the claimants, if the land was legally not transferable. He lastly submits that the petitioner has been put under suspension.
Learned for the CBI at the very outset admits that counter affidavit has not been filed although twice time was granted. She relying upon the chargesheet submits that the petitioner is one of the Circle officers and he has mutated the land which was in fact is non- transferable. She fairly submits that all other co-accused persons including the other C.O. against whom similar allegation has been levelled, have already been released on bail.
Having heard the learned counsel for the parties, I find that sufficient time was granted to the counsel for the CBI to file counter affidavit. On 25.9.18, by way of last chance, one week time was granted to file counter affidavit, but the same has not been filed. Chargesheet has been brought on record in which, the allegation against the petitioner is that he has mutated and issued NOC in respect of land, which was in fact non-transferable. I further find that the other co-accused persons, having similar allegation, have been released on bail by co- ordinate Bench of this Court.
Since all other similarly situated co-accused have been granted bail by Co-ordinate Bench of this Court and the fact that the petitioner is in custody since 10.8.2018, I am inclined to release the petitioner on bail in both cases. Accordingly, the petitioner, above named, 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 in both cases to the satisfaction of the learned Special Judge, CBI- cum-Addl. Session Judge-XI, Dhanbad/Learned Special Judge, CBI, Dhanbad, in connection with R.C. Case No. 15(A)/2012-D and R.C. Case No. 16(A)/2012-D with a condition that one of the bailors should be his close relative with a further condition that he will appear before the trial court concerned as and when directed by the trial court, failing which, his bail bond shall stand cancelled and necessary steps shall be taken for his re-arrest.
Anu/-C.P.-3 (ANANDA SEN, J.)