Sushil Kumar Mandal Vs. the State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5065 of 2013 Sushil Kumar Mandal Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. A. K. Singh, Advocate For the State : A.P.P. ----- 5/14.08.2013 Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. The petitioner is an accused in a case instituted under Sections 409/420/120B of Indian Penal Code. Learned counsel appearing for the petitioner submits that it is the case of the prosecution that in order to misappropriate the money this petitioner, who at the relevant point of time was posted as Incharge Principal, Indradhanush Residential School, as well as Kamlesh Kumar Pandey and Vakil Kumar drew a cheque in the name of Bhaskar Mandal of a sum of Rs. 2,06,865/-. Said Bhaskar Mandal after withdrawing the said money got it deposited in his own account with understanding that out of that a considerable amount would be given to this petitioner and other accused persons. Thereupon, a sum of Rs. 90,000/- by two cheques was withdrawn by Bhaskar Mandal who gave that amount to this petitioner and before the case could have been lodged, Rs. 90,000/- was deposited when a notice to show-cause was issued by the department to this petitioner and thus before the case was lodged, a sum of Rs. 90,000/- has already been deposited and rest of money, which is there in the account of Bhaskar Mandal, has been attached by the police and in this manner the petitioner cannot be said to have been misappropriated a single farthing and that the petitioner has been in custody since March, 2013. Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bermo at Tenughat in connection with Jaridih P.S. Case No. 12 of 2013 arising out of G.R. No. 63 of 2013. AKT (R.R. Prasad, J.)