SLP(Crl.) No. 4882 of 2011. Case: Jai Nandan Singh Vs State of Bihar. Supreme Court (India)
| Case Number | SLP(Crl.) No. 4882 of 2011 |
| Judges | T.S. Thakur and Gyan Sudha Misra, JJ. |
| Issue | Prevention of Corruption Act, 1988 - Sections 13(1), 13(2) |
| Citation | 2014 (3) RCR 169 (Criminal), 2014 (6) SCALE 28 |
| Judgement Date | April 23, 2014 |
| Court | Supreme Court (India) |
Order:
Gyan Sudha Misra, J.
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This Petition by special leave had been filed against the judgment and order dated 24.5.2011 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 11789/2011 by which the High Court was pleased to reject the application filed by the Petitioner for grant of bail whereby the counsel for the parties were heard at the admission stage itself. A case was registered by the Central Bureau of Investigation (CBI) against the Petitioner, who was a Special Assistant, State Bank of India, Personnel Department, LHO (Local Head Office), Gandhi Maidan, Patna on the basis of source information Under Section 13(2) read with 13(1)(e) of Prevention of Corruption Act 1988 on the allegation that the Petitioner, being a public servant during the period January, 2000 to March, 2008 amassed huge assets both movable and immovable worth ` 62,00,000/- by corrupt and illegal means or by abusing his official position as public servant, which are disproportionate to his known sources of income. The check period for computation of disproportionate assets has been kept from 1st January, 2000 to 31st March, 2008. Investigations revealed that the Petitioner and his wife were having total assets, both movable and immovable in their names worth ` 8,81,868.60 prior to the check period (i.e. as on 31.12.1999) and hence these assets were not taken into account in computation of the disproportionate assets. The Petitioner has been found as on 31.03.2008 in possession of assets to the tune of ` 55,91,510/- acquired during the aforesaid check period which are disproportionate to his known sources of income and for which he could not render satisfactory explanation.
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Chargesheet was filed against the Petitioner for offences Under Sections 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988 and the amount of assets allegedly disproportionate was brought down from ` 62 lakhs in the FIR to ` 55 lakhs and the wife of the Petitioner was made an abettor.
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Income Tax Authorities too initiated proceedings against the Petitioner on the basis of the CBI chargesheet but the Petitioner has since been exonerated, by the Income Tax Department on the finding that there were no disproportionate assets. The Petitioner surrendered before the trial Court on 15.03.2011 whereupon he was taken into judicial custody and continued to remain behind the bars since then.
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Thereafter, the Petitioner moved an application for bail before the...
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