Leelawati Devi vs. The State Of Bihar
Held
The Court granted anticipatory bail to the petitioners, Leelawati Devi and Mukesh Kumar. The decision was based on the facts and circumstances of the case, including the petitioners' assertion of innocence and their claims regarding the completion of work and the legitimacy of the supplier. The Court found it appropriate to release the petitioners on anticipatory bail, subject to certain conditions. The reasoning appears to lean towards the petitioners' submissions regarding the substantial completion of work and the existence of a genuine supplier, which mitigates the immediate apprehension of their involvement in criminal misappropriation. The operative direction is to release the petitioners on bail upon their arrest or surrender before the court below within six weeks, by furnishing bail bonds and sureties as prescribed under Section 438(2) of the Code of Criminal Procedure.
Facts
The petitioners, Leelawati Devi and Mukesh Kumar, are seeking anticipatory bail in connection with Konch Police Station Case No. 204 of 2019, registered for offences under Sections 420/409/34 of the Indian Penal Code. The prosecution case alleges misappropriation of funds in the Nal Jal Scheme in Gram Panchayat Kanausi. A sanctioned amount of Rs. 13,80,400/- was allocated, and a cheque of Rs. 8,00,000/- was issued as advance to Check Star Enterprises. Inspections revealed incomplete work and unsatisfactory pipe depth. The petitioners claim innocence, stating they have completed work worth Rs. 13,60,089/-, with Rs. 20,000/- saved in the bank account. They also assert that Check Star Enterprises is a genuine supplier with a GST number, having supplied materials worth Rs. 9,03,842/- for which dues have been paid. The petitioners claim no criminal antecedents.
Key Issues
1. Whether the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the allegations of offences under Sections 420/409/34 of the Indian Penal Code related to alleged misappropriation of funds in a government scheme? Petitioner's Arguments: The petitioners contend they are innocent and have been falsely implicated. They argue that the work under the Nal Jal Scheme is substantially complete, with a significant amount saved. They also highlight that the supplier, Check Star Enterprises, is legitimate, possesses a GST number, and has supplied materials for which payments have been made. Furthermore, they state they have no prior criminal record. Revenue/State's Arguments: The judgment does not record specific arguments from the State or Revenue. The prosecution case is based on the FIR lodged by the informant, detailing alleged irregularities and unsatisfactory work found during inspections.
Sections Cited
Section 438, Section 420, Section 409, Section 34
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 6 05-02-2021 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertake to remove the defects within four weeks of resumption of normal functioning of the Court proceeding. In the eventuality of non- removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420/409/34
The judgment continues below.
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