SUDHIR KUMAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-8-95
HIGH COURT OF JHARKHAND
Decided on August 17,2013

SUDHIR KUMAR Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Rakesh Ranjan Prasad, J. - (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State. The petitioner is an accused in Sadar P. S. case No. 892 of 2012 registered under sections 419/420/467/468/471/409 of the Indian Penal Code.
(2.) LEARNED counsel appearing for the petitioner submits that on account of the fact that the petitioner did not hand over the entire charge, allegations have been levelled that the petitioner has committed an offence under Section 409 of the Indian Penal Code and further it is also said that in order to hide his misdeed, he had deleted certain datas of the Laptop but from the enquiry report, it would appear that the petitioner has handed over the charge and that it has also come that after taking data in the pendrive, it was handed over to the concerned officer and in that event, the petitioner cannot be said to have committed any offence. However, learned counsel appearing for the State submits that this petitioner was posted as an Accountant and at the same time, was also discharging his duties as Purchase Clerk as well as Store Keeper. In the year 2011 -12, equipments/instruments worth Rs. 2 crores were purchased and the relevant records were with the petitioner but the petitioner never gave the charge of those documents and therefore obvious conclusion would be there that he has done some misdeeds in the matter of misappropriation of those articles and that in spite of the petitioner being directed repeatedly by the Controlling Officer to hand over the charge, he never cared to hand over the charge and when he handed over charge, he handed over part of the charge and apart from that the petitioner got certain dates deleted from the Laptop which was in his custody and therefore, all the circumstances go to show that the petitioner has committed offence as has been alleged in the F.I.R. Regard being had to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is rejected at this stage.;


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