Abraham Rowna v. The State of Jharkhand through ACB
Case at a glance
Outcome
Bail granted
discussed above, the anticipatory bail application is allowed
Provisions considered
- Indian Penal Code, 1860 ss. 120B, 201, 409, 420, 468, 469
- Prevention of Corruption Act, 1988
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner For the State ......... : Mr. A. K. Sahani, Advocate : Mr. Suraj Verma, APP …... 07/ 18.08.2022. Apprehending his arrest, petitioner above-named has moved this Court for grant of privilege of anticipatory bail in connection with Vigilance P. S. Case No.20 of 2012 corresponding to Vigilance (Spl.) Case No.22(A) of 2012 registered for the offences under Sections 409, 420, 201, 120B, 468, 469 of the Indian Penal Code and also under Sections 13(2) read with Section 13(1) (c) and (d) of the Prevention of Corruption Act, 1988. Heard the parties. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner was holding the post of Managing Director of the Jharkhand State Housing Board, Ranchi at the relevant time and the report submitted by the technical Committee does not whisper anything with regard to the petitioner.
It is further submitted that the enquiry report of the Technical Committee revealed that due to negligence and irregularities committed by the Engineers and Contractor engaged in construction work, such occurrence took place. It is further submitted that the informant suspected the involvement of five persons including Chief Engineer, Executive Engineer, Assistant Engineer and Junior Engineer of the Jharkhand State Housing Board. It is further submitted that the petitioner retired from the Post of Managing Director in the year 2011. It is further submitted that the petitioner being the Managing Director of the Jharkhand State Housing Board was not supposed to supervise the construction work from time to time. It is further submitted that the petitioner has no criminal antecedent and being old age is suffering from various old age ailments. Learned APP for the ACB has vehemently opposed the prayer.
Operative part
It is submitted that there is embezzlement of huge Government money. Considering the submissions of learned counsel and the fact as discussed above, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount -2- each to the satisfaction of learned Court below, subject to the conditions laid down under Section 438(2) Cr. P.C. The petitioner will co-operate in the investigation and will appear on notice under Section 41 A of Cr.P.C. and comply with the condition as laid down under Section 438(2) of the Cr.P.C. (Gautam Kumar Choudhary, J.) Sandeep/
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: discussed above, the anticipatory bail application is allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 120B, 201, 409, 420, 468, 469; Prevention of Corruption Act, 1988; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.