BHARAT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application under Articles 226 & 227 of the Constitution read with Section 482 Cr.P.C. has been filed for quashing the entire criminal case being R.C. Case No. 8 (A)/94-D. against the petitioner pending in the Court of Special Judge. C.B.L. Dhanbad and also for quashing the order dated 16/1/2002 passed by the learned Special Judge rejecting the bail petition filed by the petitioner.

(2.) The petitioner was the General Manager of Bastakola Colliery during the period 1989 to 1994, Coal costing to the tune of Rs. 40 crores approximately were found short in stock during his period. Subsequently over production was also reported and this petitioner had recommended to the higher authorities for granting incentives to the workers against the over production made by them. On these two grounds the C.B.I., brought the aforesaid case. In the F.I.R. there were five persons out of whom two persons namely Harihar Singh and S.P. Verma were enlarged on bail by this Court. The prayer for anticipatory bail of this petitioner was rejected. The petitioner had also filed a writ application being W.P. (Cr.) No. 188/ 2001 for the similar relief.

(3.) Honble the Chief Justice had disallowed the prayer for quashing the proceedings and left the matter of charge discharge purely on the merits of the case to be decided by the Court below. Being totally uninfluenced by the said order, the Court below was directed to pass the order. The petitioner was also granted liberty to apply afresh for grant of bail along with his discharge petition and if the trial Court, on consideration of the. petitioners discharge application, was of the view that the discharge application did not deserve to be allowed, the Court below might pass an appropriate order on the bail application of the petitioner without being influenced or prejudiced by any earlier order passed by this Court or any other Court rejecting the petitionerTs prayer for grant of bail.