MADHU KODA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Y.V. Giri, learned senior counsel appearing for the petitioner and Mr. A.K. Kashyap, learned senior counsel appearing for the State Vigilance.

(2.) By filing this application, the petitioner Madhu Koda, who is the Ex-Chief Minister of the State of Jharkhand and is presently in custody, has prayed for grant of bail in connection with Vigilance P.S. Case No. 9/2009, corresponding to Special Case No. 13/2009, registered by the State Vigilance under Sections 409, 420, 423, 424, 465, 120B I.P.C. and Sections 7, 10, 11 and 13 of the Prevention of Corruption Act, 1988.

(3.) As per the F.I.R., the allegation against the petitioner is that he was elected as M.L.A. in the year 2005 and he held the office of the Minister of Mines and Cooperative in Jharkhand Government from February 2005 to September, 2006. He became the Chief Minister of the State from September 2006 and remained as such till August, 2008. At the time of filing his nomination papers for contesting the Assembly Election in the year 2005, he declared the assets possess by him and by his family members before the Returning Officer. His total assets as declared by him was of Rs. 12,65,615/-(Twelve lakhs, sixty five thousand six hundred fifty only). It is alleged that he surpassed all limits of corruption during the check period, i.e. from February 2005 to August 2008. He in collusion and conspiracy with other accused persons, namely, Binod Kumar Sinha, Sunil Kumar Sinha, Sanjay Kumar Choudhary etc., who were his close associates, amassed huge assets movable and immovable during the period of his said office either in his name or in the name of these associates, i.e. Binod Kumar Sinha his brother Sunil Kumar Sinha and Sanjay Kumar Choudhary not only in India but also in different other countries like, Dubai, Thailand, Indonesia, Singapore and Liberia. It is further alleged that Binod Kumar Sinha in collusion and conspiracy with the petitioner got Sri S.K. Satpati, an honest Officer transferred from the post of Secretary of the Department of Mines as in his presence the petitioner could not have allowed to adopt such corrupt practices and embezzlement of the public fund. It is further alleged that the petitioner purchased through Binod Kumar Sinha 0.24 decimals of lands at the cost of Rs. 36,00,000/- (Thirty six lakhs), in the name of Sunil Kumar Sinha, the brother of Binod Kumar Sinha. Binod Kumar Sinha with the aid of the petitioner purchased a Rolling Mill at the cost of 13 crores and two flats at Jamshedpur as well as number of luxurious vehicles either in the name of Binod Kumar Sinha or Sunil Kumar Sinha. During the tenure of the petitioner 44 big industrial houses entered into MOUs and thousands of crores of rupees was given to the petitioner as bribe through the middleman Binod Kumar Sinha and Sanjay Kumar Choudhary. Binod Kumar Sinha, with the aid of the petitioner also formed company in Dubai and subsequently, hundreds of crores of rupees was sent through Hawala to Dubai. Binod Kumar Sinha and Sanjay Kumar Choudhary in collusion and connivance with this petitioner purchased/formed/acquired several companies in India as well as in the foreign countries. It is said that the petitioner and Binod Kumar Sinha, Vikash Sinha and Sunil Kumar Sinha purchased 2.14 acres of lands on 21/06/2008 for consideration of Rs. 18,82,000/- (Eighteen lakhs eighty two thousand only). The petitioner also purchased lands in the name of Sunil Kumar Sinha on 24/08/2008 for Rs. 24.88 lakhs; He, with the help of Binod Kumar Sinha, purchased 76 decimals of lands in the name of Binod Kumar Sinha on 04/06/2008 for a consideration of Rs. 38 lakhs.