A.B.A. Nos. 3106 and 3103 of 2016. Case: Yogendra Prasad and Ors. Vs The State of Jharkhand. Jharkhand High Court
| Case Number | A.B.A. Nos. 3106 and 3103 of 2016 |
| Counsel | For Appellant: Rajiv Ranjan, Sr. Advocate and Lukesh Kumar, Advocate and For Respondents: A.P.Ps. |
| Judges | Anant Bijay Singh, J. |
| Issue | Indian Penal Code 1860, (IPC) - Sections 34, 409, 419, 420, 467, 468, 470; Prevention of Corruption Act, 1988 - Section 13(c)(d) |
| Judgement Date | February 10, 2017 |
| Court | Jharkhand High Court |
Judgment:
Anant Bijay Singh, J.
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Since both the anticipatory bail applications arise out of one and the same case hence they are taken up together and disposed of by common order.
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The petitioners are apprehending their arrest in connection with Doranda P.S. Case No. 91 of 2016, corresponding to G.R. No. 1903 of 2016 for the offence registered under sections 467, 468, 470, 409, 419, 420, 34 of the Indian Penal Code.
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The instant case has been lodged on the basis of written report of one Sudesh Kumar Verma, posted as Under Secretary, Directorate of Employment and Training, Jharkhand Ranchi alleging therein that JSSDIS (Jharkhand Society for Skill Development Initiative Scheme) is related to the Department of Labour, Employment Training and Skill Development, Government of Jharkhand. It is alleged that Yogendra Prasad (petitioner in A.B.A. No. 3106 of 2016) who was the treasurer of the society since the date of constitution till 06.08.2014 and Sri Baldeo Singh, the then Senior Account Clerk who was accountant since 30.04.2012 to 16.01.2015 and Sri Shashi Bhushan Prasad (petitioner in A.B.A. No. 3103 of 2016) who has remained in charge of the treasurer of the society since 07.08.2014 to 15.11.2015, and as per the rule the certification of the cash book is necessary and the same is required to be signed by the treasurer every day. The entire liability of entry and certification of the cash registered is on the treasurer and accountant. During the working period of the above named persons about Rs. 10 crores was paid to the different VTP and Assessing Body under the Heading of training under the JSSDIS for the Skill Development Initiative Scheme without making entry in the Cash book and without certification which is against the rule. Hence in the manner, the money which was for the training of unemployed persons have not been property entered into the cash book under criminal conspiracy. On the basis of these allegations, the instant case has been instituted.
A.B.A. No. 3103 of 2016
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Learned counsel for the petitioner appearing on behalf of the petitioner Shashi Bhushan Prasad has submitted that there is omnibus allegation against the petitioner and only allegation against the petitioner is that he has not maintained the cash book of the JSSDIS society. The petitioner was holding the post of the treasurer in the society namely, JSSDIS for the period from 07.08.2014 to 15.11.2015 only. It is further submitted that and imaginary amount of...
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