RAJENDRA KUMAR BAGARIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioner and the C.B.I.

(2.) Petitioner, who was an accused in R.C. 38(A)/1996 and facing trial before the learned Special Judge, CBI-VII, Ranchi became aggrieved by the order dtd. 15/7/2016 passed by the learned Trial Court where under his application for summoning opposite party no.2 as an accused in exercise of powers under Sec. 319 of the Cr.P.C was rejected. This petitioner has subsequently been convicted by the learned CBI Court in the same case vide judgment dtd. 19/3/2018 and order of sentence dtd. 24/3/2018. Learned Trial Court upon discussion of the plea raised and on consideration of the materials on record was pleased to hold as under:

(3.) Learned Senior Counsel for the petitioner has strenuously tried to show that the evidence on record adduced during trial in the nature of statement of P.W.2 Sukumar Sarkar, an Accountant of SBI, Pakur Branch; Anand Kumar Gutgutia, Opposite Party no.2 as P.W.30; Investigating Officer, Dhirendra Nath Biswas as P.W. 232 and also the petitioner as defence witness no.1 were sufficient to arraign opposite party no.2 as an accused in the trial. Learned Senior Counsel also referred to the order passed by the Special Judge-VII, CBI (AHD Scam), Ranchi dtd. 5/3/2018 in R.C. No. 38(A)/1996 where under cognizance were taken against certain persons not facing trial, in exercise of powers under Sec. 319 Cr.P.C . At Para-H thereof it was of the opinion that this witness Anand Kumar Gutgutia was deeply involved in the criminal conspiracy of Fodder Scam. However, since the instant criminal revision was pending before this Court, he refrained from passing an order against him.