Judgment:
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 4980 of 2016 Brajlal Choudhary …… Petitioner Versus The State of Jharkhand through C.B.I …… Opposite Party with A.B. A. No. 4984 of 2016 Ramesh Kumar Das …… Petitioner Versus The State of Jharkhand through C.B.I …… Opposite Party with A.B. A. No. 4986 of 2016 Bidhan Chandra Mandal …… Petitioner Versus The State of Jharkhand through C.B.I …… Opposite Party CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH For the Petitioners: Mr. Indrajit Sinha, Advocate Mr. A.K. Sah, Advocate For the C.B.I : Mr. Kailash Prasad Deo, Advocate …............ C.A.V on: 26/07/2017 Pronounced on: 28/07/2017 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. The petitioners are apprehending their arrest in connection with R.C. Case No. 11(A)2015D for the offence registered under sections 120 (B), 420, 468 and 471 of the Indian Penal Code and under sections 13(2) read with section 13(1) (d) of the Prevention of Corruption Act, 1988. The case of prospection, in short, is that one Pramod Kumar Manjhi, Superintendent of Police; C.B.I, AC.B, Dhanbad got information from reliable source that that during the year, 2011, Shri Ramesh Kumar Das (petitioner in A.B.A. NO. 4984 of 2016), Bidhan Chandra Mandal (petitioner in A.B.A. NO. 4986 of 2016) Brajlal Choudhary (petitioner in A.B.A. NO. 4980 of 2016) and others (including officials of Department of Posts, Santhal Pargana Division, Dumka) entered into criminal conspiracy among themselves with an intention to cheat department of posts in the matter of appointment for the posts of Gramin Dak Sewak Branch Post Master (GDSBPM) in the Santhal Pargana Division of 2 Postal Department in Jharkhand fraudulently on the basis of fake/forged credentials and certificates and thereby caused wrongful loss to the Department of Posts of Govt of India and corresponding gain to themselves. It is further alleged that in pursuance of the aforesaid conspiracy, the petitioner dishonestly and fraudulently submitted their applications in response to the advertisements given by Post, Santhal Pargana Division, Dumka for appointment of the post of GDSBPM, Dhandhra, Tanri and Bansbutia, enclosing fake/forged Mark sheet of matriculations, certificates of matriculations and other certificates. It is further alleged that the petitioners never appeared in the Madhyama Examination for the year, 2006 conducted by the Bihar Sanskrit Shiksha Board, Patna and in pursuance of the said criminal conspiracy, the forged documents were used as genuine by them for alleged sections. It is further alleged that the fake & forged certificates were arranged/submitted by the aforesaid petitioners and were accepted by the concerned officials of Postal Department for their selection without proper and due verification under said conspiracy, resultantly the petitioners were appointed as Gramin Dak Sewak Branch Post Master (GDSBPM) in August, 2011, September, 2011 and January, 2012 respectively. It is further alleged that since the respective date of appointment of the petitioners till date, the petitioners have fraudulently & illegally obtained salary & other emoluments of total Rs. 13 lakhs approx as GDSBPM from Postal Department which is the wrongful loss caused to the Postal Department and corresponding gain to the accused persons. On the basis of these allegations, the instant case has been lodged. A.B.A. No. 4980 of 2016 Record reveals that Shri Braijlal Choudharypetitioner was working and posted as Gramin Dak Sevak Branch, Post Master (GDSBPM), Bansbutia BO in A/C with Palajori SO. The petitioner jointed at the post of GDSBPM on 3 18.01.2012 on the basis of forged marksheet, admit card and certificate showing inflated higher 618 marks out of 700, 88.28% in the matriculation/madhyama examination conducted in the year, 2006. He used the said forged admit card, marksheet and certificate as genuine for qualifying the merit list for the appointment to the said post as the recruitment was done solely on the basis of merits and higher marks obtained in the matriculation or its equivalent examination. The Madhyama Examination was equivalent to matriculation examination. Investigation has also disclosed that the petitioner had actually secured/obtained only 180 marks out of 500 in matriculation examination and passed in the 3rd division in the year, 2004 vide Roll Code No. 04681 and Roll NO. 0147 with registration no. 04610170186602, Date of Birth 03.02.1988 from JBC +2 School, Jamtara, conducted by Jharkhand Academic Council, Ranchi whereas he dishonestly and fraudulently submitted the false admit card, marksheet and certificate to obtain the said job showing the marks 618 out of 700. The said submitted forged marksheet and certificate purported to be issued by Bihar Sanskrit Shikhsa Board, Patna in the name of said petitioner bearing Roll Code no. 4301 with Roll NO. 135 with registration no. 43002856 year, 2006, obtained marks 618 out of 700 I.e 88.28% Ist Division was found forged during the course of investigation which was dishonestly and fraudulently submitted by the said candidate using as genuine to obtain the said job in the Department of Post, Govt of India. Investigation further reveals that the petitioner along with other selected candidates obtained the forged marksheet, admit card, school leaving certificates and certificates and used the same as genuine to obtain the aforesaid job. Since, his joining as GDSBPM he had obtained the salary and other emoluments amounting to Rs. 3,74,377 and thereby caused wrongful loss to the Department of Post, Govt. of India and wrongful gain to themselves. 4 Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. Further, it is submitted after investigation the C.B.I submitted chargesheet vide ChargeSheet no. 14 of 2015 dated 21.12.2015 against the petitioner and others for the offence under section 120B read with section 420, 468 and 471 of the Indian Penal Code and under section 13(2), r/w 13(1) of the P.C. Act. Thereafter, cognizance has been taken by the trial court. Further, it has been submitted that even during the course of investigation, the C.B.I has not collected any materials evidence against the petitioner which remotely suggests that the petitioner has participated in the crime. Further, it has been submitted that petitioner has fully cooperated with the investigation. The petitioner has been suspended from service. It is further submitted that investigation in this case is complete and final form has been submitted, the petitioner has never been arrested during investigation and Trial will take some time. Considering all these facts, the petitioner deserves privilege of anticipatory bail. A.B.A. No. 4984 of 2016 Record reveals that Shri Ramesh Kumar Daspetitioner is presently working and posted as Gramin Dak Sevak Branch, Post Master (GDSBPM), Dhandra BO in A/C with Jamtara MDG.. The petitioner jointed at the post of GDSBPM on 07.09.2011 on the basis of forged marksheet, admit card and certificate showing inflated higher 616 marks out of 700, 88.00% in the matriculation/madhyama examination conducted in the year, 2006. He used the said forged admit card, marksheet and certificate as genuine for qualifying the merit list for the appointment to the said post as the recruitment was done solely on the basis of merits and higher marks obtained in the matriculation or its equivalent examination. The Madhyama Examination was equivalent to matriculation examination. Investigation has also disclosed that the petitioner 5 had actually secured/obtained only 211 marks out of 500 in matriculation examination and passed in the 3rd division in the year, 2003 vide Roll Code No. 04201 and Roll NO. 0110 with registration no. 04220120499602, from High School, Chatra conducted by Jharkahnd Academic Council, Ranchi whereas he dishonestly and fraudulently submitted the false admit card, marksheet and certificate to obtain the said job showing the marks 616 out of 700. The said submitted froged marksheet and certificate purported to be issued by Bihar Sanskrit Shikhsa Board, Patna in the name of said petitioner bearing Roll Code no. 4301 with Roll NO. 46 with registration no. 13002280,06 year, 2006, obtained marks 616 out of 700 i.e 88.00% Ist Division was found forged during the course of investigation which was dishonestly and fraudulently submitted by the said candidate using as genuine to obtain the said job in the Department of Post, Govt of India. Investigation further reveals that the petitioner along with other selected candidates obtained the forged marksheet, admit card, school leaving certificates and certificates and used the same as genuine to obtain the aforesaid job. Since, his joining as GDSBPM he had obtained the salary and other emoluments amounting to Rs. 4,01,867/ and thereby caused wrongful loss to the Department of Post, Govt. of India and wrongful gain to themselves. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. Further, it is submitted that after investigation the C.B.I submitted chargesheet vide ChargeSheet no. 14 of 2015 dated 21.12.2015 against the petitioner and others for the offence under section 120B read with section 420, 468 and 471 of the Indian Penal Code and under section 13(2), r/w 13(1) of the P.C. Act. Thereafter, cognizance has been taken by the trial court. Further, it has been submitted that even during the course of investigation, the C.B.I has not collected any materials evidence against the petitioner which remotely suggests that the petitioner has participated in the 6 crime. Further, it has been submitted that petitioner has fully cooperated with the investigation. The petitioner has been suspended from service. It is further submitted that investigation in this case is complete and final form has been submitted, the petitioner has never been arrested during investigation and Trial will take some time. Considering all these facts, the petitioner deserves privilege of anticipatory bail. A.B.A. No. 4986 of 2016 Record reveals that Shri Bidhan Chandra Mandalpetitioner was working and posted as Gramin Dak Sevak Branch, Post Master (GDSBPM), Tarni BO in A/C with Jamtara MDG. The petitioner jointed at the post of GDSBPM on 01.09.2011 on the basis of forged mark sheet, admit card and certificate showing inflated higher 637 marks out of 700, 91.00% in the matriculation/madhyama examination conducted in the year, 2006. He used the said forged admit card, marksheet and certificate as genuine for qualyfing the merit list for the appointment to the said post as the recruitment was done solely on the basis of merits and higher marks obtained in the matriculation or its equivalent examination. The Madhyama Examination was equivalent to matriculation examination. Investigation has also disclosed that the petitioner had actually secured/obtained only 448 marks out of 900 in matriculation examination and passed in the 2nd division in the year, 1994 vide Roll Code No. 10111 and Roll NO. 0362 with registration no. 1012101355, year,1993, Date of Birth 07.09.1978 from R.K. High School, Narayanpur, conducted by Bihar School Examination Board, Patna whereas he dishonestly and fraudulently submitted the false admit card, marksheet and certificate to obtain the said job showing the marks 637 out of 700. The said submitted forged marksheet and certificate purported to be issued by Bihar Sanskrit Shikhsa Board, Patna in the name of said petitioner bearing Roll Code no. 4301 with Roll NO. 38, DOB 15.08.1990 7 with registration no. 43002619 year, 2006, obtained marks 637 out of 700 I.e 91,00% Ist Divisiion was found forged during the course of investigation which was dishonestly and fraudulently submitted by the said candidate using as genuine to obtain the said job in the Department of Post, Govt of India. Investigation further reveals that the petitioner along with other selected candidates obtained the forged marksheet, admit card, school leaving certificates and certificates and used the same as genuine to obtain the aforesaid job. Since, his joining as GDSBPM he had obtained the salary and other emoluments amounting to Rs. 4,47,277/ and thereby caused wrongful loss to the Department of Post, Govt. of India and wrongful gain to themselves. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. Further, it is submitted after investigation the C.B.I submitted chargesheet vide ChargeSheet no. 14 of 2015 dated 21.12.2015 against the petitioner and others for the offence under section 120B read with section 420, 468 and 471 of the Indian Penal Code and under section 13(2), r/w 13(1) of the P.C. Act. Thereafter, cognizance has been taken by the trial court. Further, it has been submitted that even during the course of investigation, the C.B.I has not collected any materials evidence against the petitioner which remotely suggests that the petitioner has participated in the crime. Further, it has been submitted that petitioner has fully cooperated with the investigation. The petitioner has been suspended from service. It is further submitted that investigation in this case is complete and final form has been submitted, the petitioner has never been arrested during investigation and Trial will take some time. Considering all these facts, the petitioner deserves privilege of anticipatory bail. On the other hand, learned standing counsel for the C.B.I opposes the prayer for anticipatory bail and has submitted that during investigation of the 8 case, sufficient oral and documentary evidence have been collected to prove the charge levelled against the petitioners. So, the petitioners do not deserve the privilege of anticipatory bail. Having heard the learned counsel for the parties and after going through the records, final form, material collected by the C.B.I against the petitioners and also the fact that final form has been submitted in this case, trial will take some time, during investigation these petitioners cooperated in the investigation and the petitioners have been suspended from service, I am inclined to admit the petitioners on anticipatory bail. Accordingly, the above named petitioners are directed to surrender in the Court below within five weeks from the date of this order and in the event of their arrest or surrender the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 15,000/ (Rupees fifteen thousand)each, with two sureties of the like amount each to the satisfaction of the court of learned Special Judge, C.B.IcumDistrict JudgeXI, Dhanbad in connection with R.C. Case No. 11(A)2015D, subject to conditions as laid down under Section 438(2) of the Cr.P.C. It is further directed that the petitioners shall fully cooperate with the investigation and they will appear before the trial court as and when directed and will not try to influence and gain over the witnesses, failing which the trial court is at liberty to cancel the bail of the petitioners. Let a copy of this order be communicated to the trial court as well as a copy of this order be handed over to the learned standing counsel for the C.B.I. (Anant Bijay Singh, J.) Satyarthi/