SUBHAM SRIVASTAVA @ SHUBHAM Vs. THE STATE OF JHARKHAND
LAWS(JHAR)-2019-4-13
HIGH COURT OF JHARKHAND
Decided on April 15,2019

Subham Srivastava @ Shubham Appellant
VERSUS
THE STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Mandu P.S. Case No.227 of 2018 registered under sections 406/420/467/468/471 of the Indian Penal Code.
(2.) Heard the learned Senior Advocate appearing for the petitioner and learned Addl. P.P. for the State.
(3.) The Learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that the petitioner while being posted as a Field Assistant of NABARD Financial Services Ltd. has misappropriated Rs.12,42,169/-. It is further submitted by the learned Senior Advocate appearing for the petitioner that in the F.I.R. itself, it has been mentioned that a sum of Rs.90,461/- has already been recovered from the petitioner and the petitioner is ready and willing to deposit Rs.11,51,708/- in installments without prejudice to his defence subject to final decision in this case. It is next submitted by the learned Senior Advocate appearing for the petitioner that in fact the petitioner has not misappropriated any money and the informant is under the impression that the petitioner has misappropriated the money because reconciliation of the bank statement submitted by the petitioner has not been done properly and the petitioner is ready and willing to cooperate with the investigation of the case and also for reconciliation of all the deposits made by him. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Additional Chief Judicial Magistrate, Ramgarh within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail provisionally for a period of one month from the date of his surrender on depositing a demand draft of Rs.6,00,000/- drawn in favour of the informant - General Manager, NABARD Financial Services Ltd. and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ramgarh in connection with Mandu P.S. Case No.227 of 2018 with the condition that the petitioner will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and copy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. In case the petitioner deposits another demand draft of Rs.1,00,000/- within the period for which the provisional bail is granted, then the provisional bail shall be extended for further one month from the date of his deposit by the trial court. Accordingly, on depositing of each demand draft of Rs.1,00,000/- drawn in favour of the information. ;


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