Lalku Mahto and Ajit Kumar Mahto vs The State of Jharkhand

H.C. Mishra

Both the aforesaid cases arise out of the same case and they are being disposed of by this common order.

Heard learned counsel for the petitioners and the learned Special P.P for the Vigilance.

The petitioners have been made accused in Vigilance P.S case no.68 of 2010 corresponding to Special Case No.85 of 2010, for the offence under Sections 403, 406, 409, 120B, 467, 468, 471 and 109 of the Indian Penal Code and Sections 7/13(2) read with 13(1)(D)(C ) of Prevention of Corruption Act, 1988.

The case relates to the bungling of huge government money in construction works of the school buildings in the district of Bokaro. Petitioners were posted as Secretary and the President of the Village Education Committee and they were entrusted with the work of construction of Upgraded Middle School, Jhumra Pahar.

From the F.I.R, it appears that Rs. 9,18,500/- was allocated for the said work and out of the said amount, the construction work was done which was valued at Rs. 7,05,625/-. Thus, Rs.2,12,875/- remained unaccounted.

Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case. It is further submitted that the said construction work were subsequently entrusted to one Ashok Kumar Bharti, who was an Assistant Teacher showing him to be a Junior Engineer and by letter dated 30.8.2008 issued by the District Superintendent of Education, Bokaro, the said Ashok Kumar Bharti was also given the financial powers with respect to this school and the petitioners were directed to hand over the amount to the said Ashok Kumar Bharti. It is submitted that pursuant to the said letter, amount was handed over to Ashok Kumar Bharti through cheques. Learned counsel for the petitioners has accordingly prayed for bail.

Learned Special P.P for the Vigilance on the other hand opposed the prayer for bail stating that there is direct allegation against these petitioners to have misappropriated the government money.

In the facts of this case, particularly in view of the fact that from the F.I.R itself, it appears that the major portion of the work has been constructed and it also appears that pursuant to the direction of the higher officials, cheques were issued by these petitioners in favour of Ashok Kumar Bharti, I am inclined to release the petitioners on bail. Accordingly, the petitioners Lalku Mahto and Ajit Kumar Mahto are directed to be released on bail, on furnishing bail bonds of Rs. 20,000/-(Rupees Twenty Thousand) each, with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Ranchi in Vigilance P.S case no.68 of 2010 corresponding to Special Case No.85 of 2010.