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2018 DIGILAW 1160 (JHR)

Sachidanand Pandit v. State of Jharkhand

2018-05-18

ANANT BIJAY SINGH

body2018
JUDGMENT : The petitioner is apprehending his arrest in connection with Poraiyahat P.S. Case No. 148/2016, corresponding to G.R. No. 1657/2016, the case registered under Sections 406,409 of the Indian Penal Code on the basis of written complaint instituted by District Co-operative Officer, Godda Poraiyahat P.S.case no.148/2016, corresponding to G.R. No.1657/2016 has bee instituted alleging therein that during paddy Marketing Sessions 201112 and 2012-13 Nawadih PACCS, Block Poraiyahat was authorized for collecting paddy. Thereafter, Sri Gopal Krishan Kunwar, Executive Magistrate, Godda conducted an inquiry regarding illegal collection of paddy by Sachidanand Pandit, the then President PACCS Nawadih and he found him guilty, as he purchased paddy for a sum of Rs. 1,32,97,800/-in which he has made purchase of paddy in excess. Hence, this case. 2. Learned counsel for the petitioner while pressing the anticipatory bail application has submitted that petitioner has been falsely implicated in this case with ulterior motive and mala fide intention, as he neither misappropriated nor embezzled government money and, therefore, no case under section 406,409 of the Indian Penal Code is made out against the petitioner. 3. The Inquiry Report of the Executive Magistrate, Godda dated 19.01.2015 reveals that the Magistrate has have names of some of the farmers showing the quantum of land possessed by them and one of the names is Kishun Verma mentioned in Sl.No.1 wherein the total land said to be possessed by him has been shown as 5.07 B.K.D., whereas the fact is that the said Kishun Verma is possessed of 1/4th of 30.1.14 B.K.D, which would be evident from the Land Receipt and other documents. 4. A supplementary affidavit has also been filed on behalf of the petitioner stating therein that one Yogesh Mondal is the son of Sri. Vriday Narayan Mondal and Sri Janardan Mondal, Poraiyahat is the brother of Sri Vriday Narayan Mondal and the uncle of said Yogesh Mondal. Sri Janardan Mondal vide letter dated 30.03.2012 intimated the BDO-cum-CO, Poraiyahat that he is having 30 Bigha of land and cultivated 300 quintals of paddy and he had requested authority for purchase of the paddy. It is wrong to suggest that the petitioner does possess the land. 5. Sri Janardan Mondal vide letter dated 30.03.2012 intimated the BDO-cum-CO, Poraiyahat that he is having 30 Bigha of land and cultivated 300 quintals of paddy and he had requested authority for purchase of the paddy. It is wrong to suggest that the petitioner does possess the land. 5. Further, from perusal of Annexure-7 of the supplementary affidavit, filed on behalf of the petitioner, which is letter dated 18.04.2015 written by Block Development Extension Officer, Poraiyahat, Godda to District Co-operative Officer, Godda, which reveals that the allegation against the petitioner is false and baseless. Hence, it was submitted that petitioner deserves bail. 6. Learned Addl.P.P opposed the prayer for bail of the petitioner and produced the case diary. 7. On 07.03.2018, learned counsel for the petitioner was directed for supply of Cell Number of the petitioner to learned Addl.P.P., who shall transmit the same to the I.O. Of this case and the I.O. Shall give 72 hours' notice to the petitioner fixing date, time and place for recording the statement of the petitioner. 8. It is submitted that the statement of the petitioner has been recorded at para-98 of the case diary on 24.03.2018, which reveals that the petitioner has denied the allegation levelled against him and as per the direction of the Hon'ble High Court vide letter no. 4904 dated 11.07.2014, the amount of embezzlement committed by Tulsi Pandit, the Manger has been deposited in the Civil Court, Godda and the Executive Magistrate, who had conducted the inquiry and had given false report, is presently languishing in Hazaribagh Central Jail in connection with Hazaribagh P.S. Case no.41/2013. 9. Perused the case diary, which reveals that at para 10 the I.O has recorded the statement of witness-Santan Rai, who had supported the prosecution case. At par 31, the statement of Shyam Lal Pandit has been recorded, who has stated that total 140 quintals of paddy was purchased by Nawadih PACCS and he had received the amount. 9. Perused the case diary, which reveals that at para 10 the I.O has recorded the statement of witness-Santan Rai, who had supported the prosecution case. At par 31, the statement of Shyam Lal Pandit has been recorded, who has stated that total 140 quintals of paddy was purchased by Nawadih PACCS and he had received the amount. At para-39 the statement of witness-Radha Pandit and at para-41 the statement of Rajiv Pandit has been recorded, who have stated that they are farmers and the paddy were purchased by Niwadih PACCS and they have received the amount and the petitioner has commited no fraud from them.At paras-83,84,85 and 87, the statements of witnesses, namely, Ajay Kumar Jha, Sheochandra Kumar, Shivnandan Pandit and Pradip Kumar Pandit have been recorded, who have stated that they have sold their paddy to the PACCS and they have no grievance against the petitioner. 10. Taking into consideration all these facts and circumstances of the case, I am inclined to admit the petitioner on anticipatory. The above named petitioner is directed to surrender in the Court below on or before 25.06.2018 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. 15,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of J.M. Ist Class, Godda, in connection with Poraiyahat P.S.case no. 148/2016, corresponding to G.R.No.1657/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., and subject to the further conditions as follows :- (i) Petitioner is directed to deposit Rs. 25,000/-in the Jharkhand Juvenile Justice Fund in the SBI, Hatia Branch A/C no. 3734498462-5 on or before 18.06.2018 and the receipt of the said deposition will be produce by the petitioner in the court below at the time of his surrender. (ii) Petitioners are directed to deposit their Cell Number and the Xerox copy of Aadhar Card in the court below, and if I.O. Further wants to record the statement of the petitioners, he will file application in the court below through APP for release of the Cell Number and Xerox copy of Aadhar Card of the petitioners and after getting the same, he will give 72 hours' notice to the petitioners fixing date, time and place and, thereafter, petitioners will appear before him and get their statement be recorded. (iii) If petitioners fail to do so, it will be open for the I.O. to file an application before this court through the Addl.P.P. for cancellation of bail bonds of the petitioners. 11. Let a copy of this order be communicated to the court below and the Member, Secretary, JHALSA, Nyay Sadan, Doranda, Ranchi with a direction to place the matter before Hon'ble the Acting Chief Justice and also handover a copy of the order to the learned counsel for the petitioner, so that the amount aforesaid may be deposited in the said account.