ARABINDA MANDAL – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
A.B.A. 181/2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 181 of 2021
----
Arabinda Mandal.
…..Petitioner
Versus
The State of Jharkhand.
….Opposite Party
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Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
--------
For the Petitioner
: Mr. Soumitra Baroi, Advocate
For the State
: Mr. Suraj Verma, A.P.P.
--------
02/23-2-2021
Heard the parties.
The petitioner apprehends his arrest in connection with Baharagora
P.S. Case No. 36 of 2020.
It has been alleged that some financial irregularities were committed
with respect to procurement of paddy in the various lamps situated within the
Ghatshila Sub-division for the year 2018-19. So far as Baharagora Lamps is
concerned, it is alleged that the accused persons had embezzled an amount of
Rs.3,50,000/-.
The petitioner is the Incharge cum Office clerk of Baharagora Lamps
Limited working since 1982. Learned counsel for the petitioner while referring to
the enquiry report has stated that the master mind of withdrawing the amount
illegally is Umesh Yadav, who is a retired Co-operative Extension Officer,
Chakulia Block and the enquiry report has clearly revealed about realization of
the amount of Rs.5,00,000/- taken by Umesh Yadav along with interest @
Rs.12%. Learned counsel has submitted that the petitioner has been made an
scapegoat only on account of his signatures being found in some of the
documents which was also at the instance of the main accused Umesh Yadav.
Learned A.P.P. has opposed the prayer for anticipatory bail of the
petitioner.
The enquiry report clearly reveals that it was Umesh Yadav who had
conspired and withdrawn the amount in question from Baharagora Lamps as
well as from Chakulia Lamps. So far as the petitioner is concerned, he has been
made an accused only on account of he having signed on some documents and
the enquiry report does admit that it was Umesh Yadav who had received the
money and it was therefore decided to realize the entire amount from Umesh
Yadav along with interest @ 12% per annum.
Regard being had to the above, I am inclined to extend the privilege
of anticipatory bail to the petitioner.
-2-
The petitioner, named above, is accordingly directed to surrender in the
court below within a period of four weeks from today and on his surrender/arrest,
he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand
only) with two sureties of the like amount each to the satisfaction of learned
S.D.J.M, Ghatshila in connection with Baharagora P.S. Case No. 36 of 2020,
subject to the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure.
This application stands allowed.
(Rongon Mukhopadhyay, J)
Rakesh/-
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