Kamal Haiburu vs State Of Jharkhand

So far as the defect nos. 4, 5(e) and 9(ii) are concerned, learned counsel for the petitioner undertakes to remove the same once the situation normalizes. As regards, the rest defects are concerned, the same are ignored.

Heard Ms. Shivani Kapoor, learned counsel for the petitioner and Mr. Shiv Shankar Kumar, learned A.P.P. for the State.

The petitioner is an accused in connection with Chaibasa Sadar P.S. Case No. 21 of 2018, corresponding to G. R. No. 76 of 2018.

It has been alleged that the petitioner and others persons who were in Zila Parishad had misappropriated and defalcated government money. It has further been alleged that the funds were allocated to Zila Parishad under various schemes and were distributed amongst concerned engineers as temporary advance for the completion of the work allotted. A further allegation has been levelled that wrong entries were made in the measurement book and the payments were made disregarding the terms of the agreement as per the standard and on such basis it has been alleged that the accused persons had embezzled government money.

Ms. Shivani Kapoor, learned counsel for the petitioner submits that the petitioner has been implicated in another similar nature of case in which the petitioner has been granted bail by this Court in B.A. No. 893 of 2017. It has further been stated that the work was completed but the physical verification has been done after a considerable delay. Learned counsel submits that even after the inquiry the exact misappropriated amount could not be ascertained by the department. She submits that the petitioner is in custody since 18.03.2020 and the petitioner has also superannuated from the service in the year 2014. On such parameters learned counsel has prayed for grant of bail to the petitioner.

Learned A.P.P. has opposed the prayer for bail of the petitioner. It appears that the petitioner at the relevant point of the time was the Assistant Engineer in Zila Parishad. The petitioner was facing the prosecution in another case being Chaibasa Sadar P. S. Case No. 43 of 2016 with respect to a similar nature of offence. It also appears that charge-sheet has been submitted in the present case. The petitioner has remained in custody for more than six months and he appears to be aged more than sixty- five years.

Regard being had to the fact that in a similar case the petitioner has already been granted bail by this Court and considering the submission advanced by the learned counsel for the petitioner, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Chaibasa, in connection with Chaibasa Sadar P.S. Case No. 21 of 2018, corresponding to G. R. No. 76 of 2018.