- (1.) THE petitioner is an accused in the case registered for the offence under sections 409 and 420 of the Indian Penal Code.
(2.) LEARNED counsel for the petitioner submitted that the petitioner has been falsely implicated in the case; he is an Executive Engineer and is supposed to inspect the work site only at the time of giving completion certificate; the allegation is that running bills were produced by the Assistant Engineer and Junior Engineer duly certified by them, and thereafter the petitioner passed the said bills; it has been submitted that since the bills were produced along with the certificates of the Assistant Engineer and Junior Engineer, the petitioner relied on the same and passed the bills; there was no malice or any extraneous consideration, as has been alleged; petitioner is a permanent Government Officer; there is no chance of his absconding; learned counsel for the petitioner submitted that the petitioner is not keeping good health and if so required, he will deposit the amount of the alleged loss for the time being, subject to the result of the case. Learned APP opposed the prayer for bail of the petitioner and submitted that the petitioner is the Executive Engineer and he has passed the alleged bills; although the Assistant Engineer and the Junior Engineer had given their certificates, it was the duty of the petitioner to verify the same; however, if the petitioner deposits the amount of Rs.2,20,000/-, already withdrawn, causing loss to the State, this Court may pass an appropriate order. Regard being had to the facts and circumstances of the case, if the petitioner deposits the amount of Rs.2,20,000/-(two lakhs twenty thousand) within three weeks, he (above named petitioner) shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Daltanganj, Palamau in connection with Palamau Sadar (Town) P.S. case no.63 of 2011, corresponding to G.R. no.224 of 2011.However, the amount so deposited, shall be without prejudice to the legal right of the petitioner and shall be subject to the final result of the case in learned court below.;