Sharvan Kumar vs. The State Of Jharkhand
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The petitioner, Sharvan Kumar, a Computer Operator in the Sales Tax office, is in custody since November 18, 2022, in connection with Special Vigilance P.S. Case No. 12 of 2022. The case arises from an alleged demand of Rs. 3000/- as a bribe by the petitioner from a complainant seeking a GST registration number. The complainant reported the demand to the Sales Tax Officer, who directed him to the petitioner. Following a preliminary inquiry and trap formalities, the petitioner was apprehended red-handed with the bribe money. The investigation has been completed, and a charge sheet has been submitted.
Held
The Court directed the release of the petitioner on bail. While the prosecution alleged that the petitioner was apprehended red-handed with the bribe money, the petitioner's counsel argued that the demand was allegedly made by the Sales Tax Officer, not the petitioner. The Court considered the fact that the investigation has been completed and a charge sheet has been filed. Given these circumstances, the Court found it appropriate to grant bail to the petitioner. The operative direction was for the petitioner to be released on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount to the satisfaction of the Court below.
Key Issues
1. Whether the petitioner is entitled to be released on bail, considering the allegations of demanding and accepting a bribe of Rs. 3000/- for facilitating GST registration. Petitioner's Contention: The learned counsel for the petitioner argued that the prosecution's case itself suggests the demand was not made by the petitioner but by the then Sales Tax Officer. The investigation has concluded with the submission of a charge sheet. Revenue's Contention: The learned Additional Public Prosecutor opposed the bail application, submitting that cash was seized from the petitioner, indicating his involvement in the alleged offense.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 610 of 2023
------ Sharvan Kumar
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Rishav Kumar, Advocate
For the State : Ms. Nehala Sharmin, A.P.P. ------
Order No.04 Dated : 28.03.2023
Heard both the sides.
The petitioner- Sharvan Kumar is in custody since 18.11.2022 in connection with Special Vigilance P.S. Case No. 12 of 2022 arising out of A.C.B. P.S. Case No.12 of 2022 for the offence registered under Section 7 of Prevention of Corruption Act (Amended), 2018 pending in the Court of Additional Sessions Judge-X cum Special Judge, Vigilance, Dhanbad.
As per the prosecution case, the petitioner is Computer Operator serving in the office of Sales Tax. The complainant had approached Sale Tax office, Bermo at Bokaro wherein he met Sale Tax Officer for getting GST registration number, who asked him to meet this petitioner. When he met the petitioner, demand of Rs.3000/- was made. After preliminary enquiry and pre trap formalities, the trap was conducted and the petitioner was apprehended red handed with Rs.3000/- bribe.
It is submitted by the learned counsel on behalf of petitioner that as per the case of prosecution, demand had not been made by him but by the then Sales Tax Officer. The investigation has been completed and charge sheet has been submitted.
Learned A.P.P. opposed the prayer for bail. It is submitted that cash has been seized from this petitioner.
Under the circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.
(Gautam Kumar Choudhary, J.) Anit
Reproduced from the public record of the Jharkhand High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.