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Judgment
The petitioner is apprehending his arrest in connection with Vigilance P.S. Case No.63 of 2016, corresponding to Vigilance Case No.67/16 registered under Sections 13(2) read with Section 13(1) (e) P.C. Act.
The present case has been registered on the basis written complaint filed by one Gopal Sahu, resident of Pundag, before Lokayaut, Jharkhand alleging therein that Shashi Bhushan Singh, the then Revenue Karamchari by using its official position made interpretation in Pundag Jamabandi register II established wrong jamabandi and earned disproportionate income.
On the basis of which PE No.36/2013 was initiated and during enquiry cheek period has been fixed from the date of his joining till 31.03.2013. In course of preliminary enqury it was found that the total income of the petitioner during this period was Rs.1,61,03,516/-(total expenditure Rs.25,02,670/-, immovable property Rs.44,06,244/-, movable Rs.5,15,000/-, investment Rs.86,79,602/-) whereas his total known source of income was Rs.1,05,19,560/- (income from salary, gross salary Rs.24,81,252/-, net salary Rs.18,90,859, income from agriculture Rs.11,52,228/-, income from his wife business Rs.30,90,237/-, interest from bank saving Rs.7,05,842/- gift received from relatives Rs.13,50,001/-, LIC housing loan Rs.15,00,000/-, car loan Rs.2,40,000/-) and therefore, Rs.55,83,956/- disproportionate property to his known sours of income, which was 53% extra from his known source of income. Hence, this case has been instituted.
It appears that earlier petitioner had moved before this Court for granting anticipatory bail in A.B.A. No.4137/2016, which was dismissed as withdrawn vide order dated 06.10.2016.
The present anticipatory bail application has been filed on 10.07.2017. Thereafter, matter was listed on 17.07.2017 and from perusal of the application it appears that the petitioner has also filed a criminal miscellaneous petition being Cr.M.P No.2466/2016, which is pending before this Hon'bel Court and the learned counsel for the petitioner was directed to supply the cell number of the petitioner to learned Special P.P, Mr. T.N.Verma for recording the statement of the petitioner by I.O. Further interim relief was granted to the petitioner and the matter was directed to be listed on 29.08.2017 along with the record of Cr.M.P. No.2466 of 2016.
On 29.08.2017, matter was listed along with the record of Cr.M.P. No.2466/16 and after perusal of the record of Cr.M.P. No.2466/16, the same was returned to the concerned section. Further learned counsel for the Vigilance informed to this Court that the petitioner appeared before the I.O and his statement was recorded and a counter affidavit was filed on behalf of the Vigilance and learned counsel for the petitioner sought time to file the rejoinder of the said counter affidavit thereafter matter was adjourned for 10.10.2017.
On 10.10.2017, matter was adjourned on the prayer of the learned counsel for the Vigilance and directed to be listed on 17.11.2017.
On 17.11.2017, matter was again adjourned on the prayer of the learned counsel for the petitioner, subject to the conditions that petitioner shall deposit Rs.5,000/-before the Secretary/ President Jharkhand High Court Advocates' Clerk Association and matter was directed to be listed on 12.12.2017.
On 12.12.2017, learned counsel for the Vigilance produced a letter bearing No.Lt14618, dated 11.12.2017 and submitted that I.O sought time at least one month for verification of the several documents annexing with the supplementary affidavit filed on behalf of the petitioner and the matter was directed to be listed for 30.01.2018.
On 30.01.2018, learned counsel for the Vigilance sought more time to go through the supplementary affidavit filed on behalf of the petitioner and the matter was directed to be listed on 06.04.2018.
Further adjournments were granted to the learned counsel for the Vigilance i.e. on 06.04.2018, 18.06.2018.
On 23.07.2018, learned counsel for the petitioner was directed to add the Deputy Commissioner, Simdega as O.P.No.2 and to serve a copy of memo of this application to Mr. Shekhar Sinha, learned APP and the D.C., Simdega was directed to submit a report to this Court latest by 10.09.2018 as to under what circumstances, C.O, Bolwa, Simdega has not submitted the required report and the matter was directed to be listed on 10.09.2018.
On 10.09.2018, learned APP, Mr. Shekhar Sinha sought time to file the counter affidavit on behalf of the D.C., Simdega and the case was directed to be listed on 10.09.2018.
On 10.09.2018, D.C., Simdega submitted his report and learned counsel for the Vigilance sought time and matter was directed to be listed on 05.11.2018.
On 05.11.2018, learned counsel for the Vigilance filed a supplementary affidavit . Thereafter matter was listed on 27.11.2018 on that date learned counsel for the petitioner sought time to file rejoinder of the supplementary counter affidavit filed on behalf of the Vigilance.
Thereafter on 24.01.2019, matter was adjourned as arguing counsel for the petitioner was not present and the matter was directed to be listed on 05.02.2019.
On 05.02.2019 submission was made on behalf of the petitioner as per report of D.C., Simdega for the year 2000 to 2013 agriculture income of the petitioner comes to Rs.1,17,49,000/- and as per the check period Disproportionate Assets of the petitioner is 133% and after taking the note of agriculture income, D.A reduced to 105% and further appears that the house of the petitioner in Hawai Nagar, Birsa Chowk, Ranchi is under scrutiny and learned counsel for the Vigilance was directed to evaluate the cost of aforesaid construction and land of the petitioner and produced up-to-date case diary on the next date and the petitioner was directed to cooperate with the investigation in evaluation the construction and land and matter was directed to be listed on 10.04.2019.
On 10.04.2019, learned counsel for the Vigilance sought more time to comply the said direction contained in order dated 05.02.2019 and the matter was directed to be listed on 21.06.2019. On 21.06.2019, matter was adjourned and directed to be listed on 17.07.2019.
On 17.07.2019 matter was heard and a supplementary affidavit dated 19.06.2019 has been filed on behalf of the petitioner and no rejoinder has been filed of the said supplementary affidavit.
Before passing any order, list this case on 22.07.2019 under the heading for "Orders" Till then, interim relief granted earlier to the petitioner shall continue.