Ranchi v. Union of India through Central Bureau of Investigation
Case Details
1 Cr.M.P. No.4000 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 4000 of 2023 Chanda Rao, aged about 50 years, wife of Late Ganpat Rao, resident of Anjali Enclave, Flat No. G-1, Ground Floor, Vrindavan Colony, Boreya, P.O. & P.S. –Boreya, District –Ranchi. .... Petitioner Versus Union of India through Central Bureau of Investigation …. Opp. Party P R E S E N T
Legal Reasoning
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner For the State : Mr. Rahul Kumar, Advocate : Mr. Anil Kumar, ASGI : Ms. Chandana Kumari, AC to ASGI ….. By the Court:- 1. 2. Heard the parties. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. to quash the order dated 05.08.2023 passed by the learned Additional Sessions Judge-III-cum-Special Judge, CBI, Dhanbad in R.C. Case No. 10(A)/2010-R whereby and where under the petition filed by the petitioner being the wife of the accused –Ganpat Rao, who expired on 01.07.2022, for refund of the amount deposited by her husband as condition of bail has been rejected. 3. The brief facts of the case is that the husband of the petitioner namely Ganpat Rao was an accused of R.C. Case No. 10(A)/2010-(R). The prayer for grant of privilege of anticipatory bail of the petitioner was rejected by a coordinate Bench this Court vide order dated 2 Cr.M.P. No.4000 of 2023 06.01.2012, however it was observed in the said order that if he surrenders and prays for regular bail, the same be considered in the light of submission that the petitioner in good faith had certified 34 invoices amounting to Rs.47,00,983/- relating to purchase of Bitumen which were found to be fake and that he is ready to deposit the money not in entirety but to the extent which would be reasonable taking into account that seven accused persons have been alleged to have misappropriated the amount on the basis of fake invoices and that the petitioner is concerned with only 34 invoices or more than that as indicated by the learned counsel for the C.B.I. Pursuant to the said order of this Court, the husband of the petitioner had deposited the amount of his proportionate share i.e. the misappropriated amount of Rs.47,00,983/- being divided in seven accused persons which comes to Rs.6,71,569/- in the Nazarat, Civil Court, Dhanbad on 08.02.2012 consequent upon which he was admitted to bail but during the pendency of the said case, the said accused –Ganpat Rao died on 01.07.2022 and consequent upon that the proceeding has been dropped against him. The learned trial court considered that in fact the High Court rejected the prayer for anticipatory bail in ABA No. 4333 of 2011 and observed that the prayer for regular bail of the deceased husband of the petitioner namely Ganpat Rao may be considered if the defalcated amount to the extent of the share of the accused is deposited by him but there is no express order passed by the High Court with the amount is refundable subject to decision of the case, hence the petitioner is not entitled to receive the amount and rejected the prayer. 4. It is submitted by the learned counsel for the petitioner that in view of the death of the husband of the petitioner namely Ganpat Rao 3 Cr.M.P. No.4000 of 2023 during the trial and abatement of the proceeding, there is no justification for retaining the amount deposited by him by the trial court being the Special Judge, C.B.I., Dhanbad. It is next submitted that the wife of the co-accused namely Rekha Devi has also prayed for refund of the surety amount deposited by her deceased husband namely Murlidhar Purbey and the same has been allowed by a coordinate Bench of this Court vide order dated 23.06.2023 in Cr.M.P. No. 2930 of 2019. Hence, it is submitted that the order dated 05.08.2023 passed by the learned Additional Sessions Judge-III-cum- Special Judge, CBI, Dhanbad in R.C. Case No. 10(A)/2010-R whereby and where under the petition filed by the petitioner being the wife of the accused –Ganpat Rao, who expired on 01.07.2022, for refund of the amount deposited by her husband as condition of bail has been rejected; be quashed. The learned Additional Solicitor General of India submits that the husband of the petitioner was accused of embezzlement of 47 lakhs. Hence, the petitioner is not entitled for release of the said amount. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that as the husband of the petitioner was admitted to bail subject to his depositing Rs.6,71,569/-, so the amount thus deposited is a surety amount basically for the purpose of securing attendance of the husband of the petitioner during the trial and in case of the husband of the petitioner avoiding to appear in the court or absconding, the said amount could have been forfeited but as undisputedly the husband of the petitioner has died, hence there is no requirement of his appearance in the trial court . Hence, this Court is of the considered view that the learned Special Judge, C.B.I., 5. 6. 4 Cr.M.P. No.4000 of 2023 Dhanbad has committed a gross illegality and perversity by rejecting the petition dated 24.07.2023 filed by the petitioner. 7. Accordingly, the order dated 05.08.2023 passed by the learned Additional Sessions Judge-III-cum-Special Judge, CBI, Dhanbad in R.C. Case No. 10(A)/2010-R whereby and where under the petition filed by the petitioner being the wife of the accused –Ganpat Rao, who expired on 01.07.2022, for refund of the amount deposited by her husband as condition of bail has been rejected, is quashed and set aside. 8. 9. The trial court is directed to release the amount of Rs.6,71,569/- in favour of the petitioner upon her furnishing an indemnity bond with two solvent sureties of the like amount each to the satisfaction of the learned Special Judge, C.B.I.-cum-Add. Sessions Judge-III, Dhanbad.
Decision
This criminal miscellaneous petition is disposed of accordingly. High Court of Jharkhand, Ranchi Dated the 1st March, 2024 AFR/Sonu-Gunjan/- (Anil Kumar Choudhary, J.)