Dinesh Soren @ Kunda vs The State of Jharkhand

The petitioner is an accused in a case registered under Sections 420 / 409 / 434 / 34 of the Indian Penal Code.

It is alleged in the F.I.R. that in view of letter No.34 dated 08.01.2007 issued by D.D.C., Dhanbad initially estimated cost was Rs. 1,67,000/- and later amended cost of Rs.2,31,600/- was sanctioned for construction of pond under NREGA scheme on plot No.461, Khata No.55 of Mouza Harna which is a Government land. The said NREGA scheme was to be executed through a Beneficiary Committee headed by its President Dhaneshwar Mahto, Secretary, Nageshwar Prasad Mahto. A Vigilance Committee was also formed. On the basis of complaint made by Nakul Mahto an enquiry was conducted by Director of Accounts, Dhanbad. The enquiry report reveals that the work has been completed on another plot No.376,377 and 378 of Khata No.8. The President and Secretary were directed to deposit the entire amount to the tune of Rs. 1,71,400/- but the beneficiary did not deposit the amount till 08.12.2012.

Learned Counsel for the petitioner submitted that petitioner is not named in the F.I.R. but in the charge-sheet name of the petitioner has been mentioned.

Learned Counsel further submitted that on the Government land of Khata No.55, Plot No.461, Mouza-Harna the work of construction of pond was entrusted to the Beneficiary Committee headed by its President Dhaneshwar Mahto and Secretary, Nageshwar Mahto but instead of constructing the pond on Plot No.461, Khata No.55, the pond has been constructed on plot No.376, 379 and 378, Khata No.8 and hence having been authorized by D.C., Dhanbad to complete the work of construction of pond, the President and Secretary of the Beneficiary Committee are liable to indemnify the loss of Rs. 1,71,400/-. The work of construction of pond has not been entrusted to the petitioner. The main accused Dhaneshwar Mahto and another have been granted bail by this Court vide order dated 03.04.2013 in B.A.No.2542/2013.

Counsel for the State has opposed the prayer. Since the main accused have been granted bail by this Court, the petitioner is also directed to surrender before the court- below within two weeks from today and if he does so he will be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of like amount each to the satisfaction of the Judicial Magistrate, Dhanbad in connection with Barora P.S. Case No. 313/2012, corresponding to G.R.No.4889/2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.