RAM CHOUBEY Vs. CENTRAL BUREAU OF INVESTIGATION PATNA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner for issuance of an appropriate writ/order/direction directing the Special Judge, C.B.I., South Bihar, Patna to release the petitioner on his appearance on the execution of bond as provided under section 88 of the Code of Criminal Procedure (Cr.P.C.) and not to remand him to judicial custody without following the underlying spirit as contained in section 309 of Cr. P.C.

(2.) THE brief facts of the case are that an F.I.R. was registered on 28.12.92 under sections 120B, 420, 468, 471 I.P.C. and under section 13(2) read with section 13(1) (d) of P.C.Act, 1988 against the petitioner and one Sri P.K.Goswami by Sri. D.N.N.S.Yadava, the then Inspector, C.B.I., Patna alleging therein that co -accused Sri P.K.Goswami entered into a criminal conspiracy with the petitioner and others and sanctioned a loan of Rs. 87.83 lacs in favour of petitioner on the basis of bogus/false postal time deposits worth Rs. 64.69 lacs and the petitioner obtained overdraft facility to the tune of aforesaid amount. After investigation charge sheet was submitted against the petitioner and one Siri Sao, Sub Postmaster, Belaganj. The F.I.R. named accused Sri P.K.Goswami was not sent for trial. On the submission of charge sheet, cognizance of the case was taken. The petitioner moved this Court for quashing the order of cognizance but his prayer was dismissed in Cr. Misc. No.10108/94. Thereafter the petitioner filed S.L.P.No.3968/99 before , the Supreme Court against the order dated 20.9.99 passed by this Court rejecting the prayer of quashing the order of cognizance. But that too was dismissed on 15.12.99.

(3.) LEARNED counsel appearing on behalf of C.B.I. has submitted that a non -bailable warrant of arrest has been issued against the petitioner and he is evading his arrest.