Jharkhand High Court
Sukharam Gorai @ Sakharam Gorai vs The State Of Jharkhand Through ... on 10 June, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3583 of 2022
Sukharam Gorai @ Sakharam Gorai ..... ... Petitioner
Versus
The State of Jharkhand through Vigilance .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Arun Kumar, Advocate
For the State : Mrs. Priya Shrestha, Spl. P.P.
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03/10.06.2022 Heard learned counsel for the applicant and learned Spl. P.P. for the
State.
This bail application has been filed on behalf of the abovenamed applicant with prayer to release on bail in connection with A.C.B. Jamshedpur Vigilance P.S. Case No.01 of 2022 registered under Section 7 of the Prevention of Corruption Act pending in the court of learned Special Judge (A.C.B)-cum- Additional Sessions Judge-IV, Chaibasa.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the informant against Soka Ram Gorai with these allegations that the informant had retired on 30.04.2021 from Kharkai Bandh No.2 Icha Chaliyama Seraikella--Kharsawan. Despite lapse of six months of his retirement his pension and gratuity was not reimbursed to him. The concerned cashier, namely, Soka Ram Gorai had made demand of Rs.30,000/- as bribery for reimbursing the same. A complaint in this regard was given by the informant to the Superintendent of Police, A.C.B., Jamshedpur and by the order of the Superintendent of Police, A.C.B., Jamshedpur, the inquiry was made. On the basis of inquiry report dated 06.01.2022, it was verified that the applicant had made demand of Rs.30,000/- as bribery and he ultimately agreed to take the bribery of Rs.25,000/-. Thereafter, the applicant is alleged to be arrested red handed receiving the bribery of Rs.25,000/-. It is further submitted that ultimately the informant had received the whole amount of gratuity and pension etc. The charge-sheet has been filed and no sanction order has been filed with the charge-sheet.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that on the basis of the complaint, the Superintendent of Police, A.C.B., Jamshedpur had directed to conduct inquiry to verify the contents of the complaint and it was verified that the applicant made demand of Rs.30,000/- as bribery in presence of the inquiry officer. Ultimately, he agreed to take the bribery of Rs.25,000/- and this applicant reached to the house of the informant to receive the amount of Rs.25,000/-. The applicant was arrested and even if the -2- sanction order was not filed with the charge-sheet, the same may be obtained later on and has no bearing at this stage.
In view of the submissions made and materials on record, the bail application of the applicant is, hereby, rejected.
(Subhash Chand, J.) Rohit