SUBODH MEHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner is accused in connection with Pathargama P.S. Case No.88 of 2010 corresponding to G.R. Case No.721 of 2010 registered under Sections 419, 420, & 409 of the Indian Penal Code which is pending in the Court of learned Chief Judicial Magistrate, Godda.

(2.) It reveals from the F.I.R. that being Headmaster of school, petitioner was allotted fund for construction of school building but the work was not completed and the amount withdrawn by the petitioner has been retained. It appears that petitioner has withdrawn money in the financial year 2004-05 and 2007-08 but the work was not completed hence the F.I.R. was lodged in 2010. It is submitted that the work of the school building is under progress and the petitioner has not defalcated the amount. The other concerned authorities are not co-operating with the petitioner and that is the reason of the delay in execution of the work.

(3.) Learned counsel for the State opposed the prayer for bail. Since Government money has been misappropriated by a Government servant who is holding a post of Headmaster, I am not inclined to enlarge such person on anticipatory bail.