Dalva Munda, S/o Shri Birja Munda vs State Of Jharkhand

Gautam Kumar Choudhary, J

Heard both the sides.

This bail application has been filed on behalf of Dalva Munda and Bundi Ram Munda who are in custody since 13.05.2025 in connection with Angara P.S. Case No. 111 of 2024 for the offence registered under Sections 420, 406, 409 and 34 of the IPC pending in the Court of learned Judicial Magistrate 1st Class- XIX, Ranchi, is pressed into motion Petitioner no. 1 is the Principal of the Government School and petitioner no. 2 is the President of said school. As per the FIR, Rs.7,29,786/- was received by the petitioners for construction of three class rooms in 2010, but the class rooms were not constructed and the amount was misappropriated.

It is submitted by learned counsel for the petitioners that only Rs.3,51,000/- was received by the petitioners, and they being not expert in construction work, could not get it constructed. However, the petitioners are ready to refund the said amount with interest. Reliance in this regard is placed

on Ramesh Kumar Vs. State of NCT of Delhi {(2023) 7 SCC 461} wherein, it has been held by the Apex Court that in exceptional circumstance, on refund of the misappropriated amount, bail can be granted.

Leaned counsel for the State has opposed the prayer for bail, but has not disputed the factual assertion and legal position as stated on behalf of the petitioner.

Considering the fact that the Petitioners are the Principal and President of school cannot be credited with expert knowledge in construction matters, and they are ready to refund the amount as taken, the petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned Court below, subject to condition that the petitioners will deposit the said amount Rs.3,51,000/- to the Government with interest at the rate of 9% per annum from the date of receipt of said amount.