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2017 DIGILAW 13 (JHR)

Gopal Chandra Singh v. The State Of Jharkhand

2017-01-03

ANANT BIJAY SINGH

body2017
ORDER Mr. Anant Bijay Singh, J. – Heard learned counsel for the parties. 2. The petitioner is apprehending his arrest in connection with Sahibganj (Town) P.S. Case No. 178 of 2011, corresponding to G.R. No. 458 of 2011 for the offence under sections 467, 468, 471, 419, 420, 34 of the Indian Penal Code. 3. The present case has been instituted on the basis of written report of D.S.E, Sahibganj. It is alleged that the appointment process for appointment of teacher was started in the year 1987-88 and a candidate namely, Nina Kumari Sah was declared successful but appointment letter was issued in the name of Mina Kumari Sah instead of Nina Kumari Sah and this petitioner was also involved in the said offence and appointment letter in favour of Mina Kumari Sah was issued illegally and it was due to some illegal consideration were involved and false fabricated papers were prepared and name of Mina Kumar Sah was shown at serial no. 45 and she did not face the interview. 4. Learned counsel for the petitioner has submitted that police after investigation submitted final form and the petitioner was not sent up for trial but learned C.J.M took cognizance differing with the opinion of the I.O. It is further submitted that the petitioner was not found guilty in the departmental enquiry as the petitioner was working as head clerk. 5. Learned A.P.P opposed the prayer for anticipatory bail. 6. It appears that vide order dated 05.09.2016, L.C.R was called for which has been received. From perusal of L.C.R, it appears that police after investigation submitted final form and the petitioner was not sent up for trial but learned C.J.M on 10.12.2015 took cognizance against the petitioner for the offence under sections 467, 468, 471, 419, 420, 34 I.P.C differing with the opinion of the I.O. 7. In the facts and circumstances of the case, the above named petitioner is directed to surrender in the Court below within five weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. In the facts and circumstances of the case, the above named petitioner is directed to surrender in the Court below within five weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- ( Rupees ten thousand), with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Sahibganj in connection with Sahibganj (Town) P.S. Case No. 178 of 2011, corresponding to G.R. No. 458 of 2011, subject to conditions as laid down under Section 438(2) of the Cr.P.C and also subject to the condition that petitioner shall deposit Rs. 11,000/- before the Secretary, Jharkhand High Court Advocates'' Association and file a receipt before the Court below on the date of his surrender. 8. Let a copy of this order be sent to the Secretary, Jharkhand High Court Advocates'' Association. 9. Let L.C.R be transmitted to the concerned court at once along with a copy of this order.