KRISHNA KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner is accused in a case registered under Sections 161 of the Indian Penal Code and Section 7 (E) of Prevention of Corruption Act, 1988. It appears from the F.I.R. that a sum of Rs.300/- was to be paid to some persons as health grant but the petitioner, after inducing them realised Rs.150/- from each and assured them that he would make such entry in the record so that they may get Rs.300/- every year under health grant scheme.

(2.) It is submitted that the beneficiaries have already been examined u/s 164 Cr.P.C. in which they have not raised allegation against the petitioner. In the departmental proceedings too, the petitioner was exonerated and he is all along in the service till the date. It is further pointed out that the petitioner had appeared at the initial stage of the institution of this case but it was not entertained because the case was initially registered u/ s 161 I.P.C. Petitioner was not aware about inclusion of Section 7 (E) of Prevention of Corruption Act and in this regard he was never served with a notice or summon. Learned counsel for the State has opposed the prayer for bail and submitted that the petitioner has been evading his appearance for the last 11-12 years. From perusal of the entire ordersheet furnished by the counsel for the petitioner it is evident that no appropriate step was taken to apprehend the accused during last 11 years. In the year 2011 the I.O. has applied for issuance of warrant of arrest.

(3.) Considering the aforesaid aspects of the matter, above named petitioner is directed to surrender in the Court below within a fortnight and on such surrender or in the event of his arrest the petitioner shall be released on bail by the Court below on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Binay Kant Khan, learned Special Judge, Vigilance, Ranchi in connection with Karra P.S. Case No.02 of 1999 corresponding to G.R. Case No.34 of 1999, Special Case No.09 of 2000 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.