A.B.A. Nos. 1942, 1021 and 2321 of 2016. Case: Sanjay Kumar Dash and Ors. Vs The State of Jharkhand and Ors.. Jharkhand High Court

Case NumberA.B.A. Nos. 1942, 1021 and 2321 of 2016
CounselFor Appellant: P.A.S. Pati, Advocate and For Respondents: A.P.P.
JudgesAnant Bijay Singh, J.
IssueIndian Penal Code 1860, (IPC) - Sections 120B, 34, 409, 420, 467, 468, 470, 471
Judgement DateFebruary 28, 2017
CourtJharkhand High Court


Anant Bijay Singh, J.

  1. Since all the three anticipatory bail applications arise out of one and the same case, hence they are taken up together and disposed of by common order.

  2. The petitioners are apprehending their arrest in connection with Golmuri P.S. Case No. 13 of 2016, corresponding to G.R. No. 119 of 2016 for the offence registered under sections 420, 409, 467, 468, 470, 471, 120B & 34 of the Indian Penal Code.

  3. The prosecution case, in short, is that the on the basis of written report of Sri. S.C. Das, Registrar, Kolhan University, present case has been lodged alleging inter alia that under the orders of the Vice Chancellor, Kolhan University, an enquiry was conducted by the financial advisor and finance officer of the University who submitted its report on 09.07.2015. The aforesaid report revealed that huge financial irregularities/defalcation of college fund done by Dr. R.K. Das (petitioner in A.B.A. No. 1021 of 2016 and others between the periods 2003-04 to 2008-2009. Further it revealed that after making criminal conspiracy the petitioners along with others defalcated college funds in different manner. It is further alleged that when the petitioner Ramakant Das was posted as Principal of the A.B.M, College during the period of 2003 to 2011, wrong and excess demand of salary for the month of January, 2009, August 2009, as well as period of September 2009 to November, 2009 for Kolhan University amount to Rs. 25,76,372/- has been made. It is further alleged that this petitioner granted huge advance to the staffs as well as private party without mentioning entry. Hundreds of cheques, issued could not been traced either on the record of the college or with the concerned bank. There is withdrawal of Rs. 61,84,778/- and another withdrawal of Rs. 31,19,100/-. It is further alleged that there is financial irregularities in respect of cash book. Vouchers and cheques counterfoil etc which are not available in the record. It is further alleged that Sanjay Kumar Das (petitioner in A.B.A. No. 1942 of 2016) was posted as accountant in A.B.M, College, Jamshedpur and defalcated huge amount. Record reveals that the cash book, entire original vouchers and cheques counterfoil for the period 2003-04 to 2008-09 relating to account 'B' and 'C' are not available. Therefore, the transactions made during the that period cannot be verified due to unavailability of records. Record reveals when asked about the end use of even Rs. 7,000/- which Smt. Poonam Sahay (petitioner in A.B.A. No. 2321 of 2016) claims to have received, she failed to give any reply regarding end use of this money. She seems to have defalcated this amount. When Shri R.K. Das was asked to clarify about the end use of Rs. 87,000/- drawn on 16.05.2009 through bearer cheque No. 12983, he failed to give any reply in this regard or any supporting vouchers to show end use of this money. The allegation against the petitioner Dr. Poonam Sahay is that while she was posted as Bursar of the ABM college during that period, huge amount of the college has been misappropriated.

    A.B.A. No. 1942 of 2016

  4. The learned counsel appearing for the petitioner in A.B.A. No. 1942 of 2016 has submitted that the petitioner is innocent and he has committed no offence as alleged in the F.I.R. and he has been falsely implicated in this case. It is further submitted that the petitioner has not signed any document for payment. The petitioner has been serving the A.B.M, College since last 43 years without any blemish and not a single complaint relating to his honesty and integrity has been made by any staff or professor of...

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