ASHOK KUMAR SWARNKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present is first application for grant of anticipatory bail to the Applicant. He is apprehending his arrest in connection with Crime No.360 of 2014 registered at Police Station Bodhghat, District Bastar for offences punishable under Sections 467, 468, 471, 472, 420, 120B/34 of the Indian Penal Code and Section 66(B)(C)(D) of the Information Technology Act.

(2.) According to the case of the prosecution, First Information Report was lodged by one Executive Engineer Narayan Singh Bisht on 26.11.2014 against the present Applicant and other 9 co-accused persons. The alleged offence is said to have been committed between 5.9.2013 and March, 2014. During that period, the present Applicant and other co-accused persons, namely, Albinus Tirky and Helarius Kujur were posted as Accountants in the Regional Accounts Office of the Chhattisgarh State Power Distribution Company Limited (CSPDCL). In the FIR, it has been alleged that other co-accused persons, namely, Pintu alias Pritam Thakur, Pankaj Kumar Kela, Raghvendra Jaiswal, Sahara Das, Sunit Kadse, Sanjay Naidu and Amit Kumar Jaiswal (all electric contractors) got prepared forged work orders relating to 63 works and without execution and completion of any of the said works they prepared and submitted forged bills for total amounting to Rs.1,43,99,311/- and with the connivance of the present Applicant and other co-accused persons, namely, Albinus Tirky and Helarius Kujur, the above-named 7 electric contractors received the said amount of Rs.1,43,99,311/-. Allegedly, the present Applicant, co-accused persons Albinus Tirky and Helarius Kujur and the other co-accused persons, without following the prescribed procedure and norms for passing the said bills, with the connivance of the above-named 7 electric contractors, passed the bills for payment of total Rs.1,43,99,311/- to the said electric contractors. The FIR was registered and the matter was investigated into. After completion of the investigation, charge-sheet was filed on 19.9.2015 declaring the present Applicant to be absconded.

(3.) Learned Counsel appearing for the Applicant submits that the Applicant has been falsely implicated in the case. Initially, after registration of the FIR, the present Applicant was suspended from service on 28.10.2015 and his headquarter was directed to be at Jagdalpur. He retired from service on 31.12.2015. A departmental inquiry was also initiated against him. In the said inquiry, his negligence was found to be proved. Resultantly, his 25% amount of pension was permanently withheld. Presently, he is a retired person and is a senior citizen. He never remained absconded. Referring to the charge-sheet, Learned Counsel appearing for the Applicant further submits that the guilt of Complainant Executive Engineer Narayan Singh Bisht and that of other Executive Engineers, namely, Bhupal Singh and V.K. Malya was found by the investigating agency and against them offence under Sections 409, 119, 182 and 211 of the Indian Penal Code was also registered. According to the Learned Counsel for the Applicant, the above-named 7 electric contractors have committed the offence in question in which the aforesaid 3 Executive Engineers are also involved. The present Applicant, being an Accountant, had only forwarded the bills for their passing for payment. In the departmental inquiry also, his act was found to be negligent one only. Investigation has already been completed and charge-sheet has also been filed. No custodial interrogation of the Applicant is required. Therefore, Learned Counsel prayed that the Applicant may be granted benefit of anticipatory bail.