Jharkhand High Court
Jai Kishore Choudhary vs The State Of Jharkhand Through ... on 21 January, 2016
Author: H. C. Mishra
Bench: H. C. Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 10059 of 2015
Jai Kishore Choudhary ..... ... 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. Rahul Kumar, Advocate
For the Vigilance : Mr. T.N. Verma
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4/ 21.01.2016Heard learned counsel for the petitioner and learned counsel for the State Vigilance.
The petitioner has been made accused for the offences under Sections 161, 406, 409, 420, 467, 468, 471 / 34 of the Indian Penal Code read with Sections 7, 13(1)(d) of the Prevention of Corruption Act, in connection with Special Case No. 61(A)/2010, arising out of Khunti P.S. Case No. 114 of 2010.
The case relates to embezzlement of Government money amounting to Rs. 187.560 lackhs, in three projects by the concerned engineers. The petitioner was initially not made accused in this case as the case was instituted against the concerned Assistant Engineer and Junior Engineer. The petitioner at the relevant point of time was working as Executive Engineer and there is allegation him to have transferred the entire amount relating to construction works to the Assistant Engineer, who subsequently transferred the entire amount to the Junior Engineer.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and the concerned Assistant Engineer has been granted bail by order dated 9.7.2012 in B.A. No. 2870 of 2012, as it has found that the entire money was transferred to the Junior Engineer, against whom, a certificate case was also filed by the State Government for realisation of the money. Learned counsel has accordingly, prayed for bail.
Learned counsel for the Vigilance has opposed the prayer for bail submitting that it was the duty of the petitioner not to have transferred the entire amount to the Assistant Engineer / Junior Engineer and to have released the amount only in phase-wise manner after being satisfied about the work done as against the advanced amount. Learned counsel submitted that there is serious dereliction of duty by the petitioner in the entire matter. Learned counsel has accordingly, opposed the prayer.
In the facts of this case, as the entire money was transferred to the Junior Engineer, against whom, a certificate case was also filed by the State Government for realisation of the money, I am inclined to enlarge the petitioner, Jai Kishore Choudhary, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Special Judge, vigilance, Ranchi, in connection with Special Case No. 61(A) of 2010 arising out of Khunti P.S. Case No. 114 of 2010.
( H. C. Mishra, J.) R.Kr.