Jeetan Das vs. Union Of INDIA Through Cbi
Held
The Court held that the circumstances surrounding the recovery of the tainted money and the petitioner's arrest were grounds for granting bail. Specifically, the Court noted that the tainted money was not recovered from the petitioner's direct possession, and he was not arrested on the date of the trap. Based on these observations, the Court directed that the petitioner be released on bail. The bail bond was to be furnished in the sum of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, CBI, Dhanbad. No specific issue was left undecided.
Facts
The petitioner, Jetan Das, an Inspector of CGST, Jharia Range, Dhanbad, is an accused in a CBI case. It is alleged that he demanded Rs. 2,00,000/- from a complainant, a medical practitioner, to ensure a favorable outcome in an inquiry concerning the practitioner's financial returns. A trap was laid, and tainted currency notes were recovered from the petitioner's office. However, the petitioner was not apprehended at the spot during the trap; he was arrested later after being summoned to the CBI office. The petitioner is seeking bail in this matter.
Key Issues
1. Whether the recovery of tainted money from the rack of the petitioner's office, rather than his direct possession, and the subsequent arrest of the petitioner after being called to the CBI office, warrant granting bail in connection with CBI/SPE/ACB P.S. Case No. RC-8(A)/2019-D? Petitioner's Argument: The learned counsel for the petitioner argued that the tainted money was not recovered from the petitioner's personal possession, but from a rack in his office. Furthermore, the petitioner was not arrested at the time of the trap operation but was subsequently arrested after being called to the CBI office. These circumstances, it was contended, should be considered favorably for granting bail. Respondent's Argument: The judgment does not record any specific arguments made by the respondent (Union of India through CBI).
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 9876 of 2019 Jetan Das
… ... Petitioner
Versus Union of India through CBI
… … Respondent
-------- CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
-------- For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate For the Respondents : Mr. G.K. Prasad, CBI
-------- Order No. 04: Dated: 02nd December, 2019 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner is an accused in connection with CBI/SPE/ACB P.S. Case No. RC-8(A)/2019-D. It has been alleged that the complainant is a medical practitioner. He was received a letter by the Superintendent of CGST, Jharia Range, Dhanbad to produce all papers relating to his financial returns. The informant was contacted by the petitioner, who is the inspector. The petitioner demanded Rs. 2,00,000/- for getting a favorable verdict in the enquiry. After that a pre trap memorandum was done and tainted currency notes were recovered from the office of the petitioner. Learned counsel for the petitioner submitted that the tainted money was recovered from the rack
The judgment continues below.
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