AWADHESH KUMAR CHAUDHARY Vs. STATE OF JHARKHAND
LAWS(JHAR)-2005-11-21
HIGH COURT OF JHARKHAND
Decided on November 29,2005

Awadhesh Kumar Chaudhary Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) IN this case, the petitioner has prayed for grant of anticipatory bail as he apprehends his arrest in connection with Special Case No.7 of 2003 registered under Sections 420, 467, 468, 471, 1208, 109, 201, 424 and 477A of the Indian Penal Code and Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act.
(2.) LEARNED counsel for the petitioner submitted that the only allegation against the petitioners is that he has drawn excess amount in the name of promotional benefit, the petitioner is not drawing and disbursing officer, rather. the bills were prepared and passed by the higher authorities and the order of fixation of pay has also been issued by the higher' authorities; the petitioner is still in service and if any excess payment is made towards his salary, the same may be recovered from him; the petitioner is a permanent Government servant and there is no chance of his absconding. Considering the facts and circumstances of the case, the petitioner, above named, in the event of his arrest/surrender within three weeks from today, 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 Sri K.K. Srivastava learned Special Judge, Vigilance, Ranchi in connection with Vigilance P.S. Case No. 6 of 2003 arising out of Special Case No. 7 of 2003 subject to the condition as laid down under section 438(2) Cr.P.C. and further condition that he will make himself available before the investigating officer and/or the court below as and when his presence is required in the case.
(3.) THIS order will be in force for a period of six months from today and in the meantime, the petitioner is at liberty to pray for regular bail before the court below.;


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