Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39490 of 2011 ====================================================== Md. Perwezullah S/O Late Md. Alimullah Resident of Mohalla- Dudhani, Post Office- Dumka, Police Station- Dumka, District- Dumka (Jharkhand). .... .... Petitioner Versus The State of Bihar through Vigilance .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Y.V. Giri, Senior Advocate For the Opposite Party : Mr. Rama Kant Sharma, Senior Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 23-02-2012 Heard Mr. Y.V. Giri learned Senior counsel for the petitioner and Mr. Rama Kant Sharma, learned Senior counsel appearing on behalf of the Investigating Bureau of the Cabinet Vigilance Department. The petitioner is in custody in connection with Special Case No. 19 of 2009 arising from Sikti P.S. Case No. 165 of 2008 for the offences punishable under [STATUTE] . The F.I.R. was instituted against the Manager, Primary Agriculture Credit Co-operative Society Ltd. (hereinafter referred to as the PACS) Sri Rudra Nand Jha and the Chairman of the Society Sri Pancha Nand Biswas and other unknown accused. The allegation was with regard to financial irregularities owing to mismanagement of funds received under the Indira Awas Yajna. The allegation as set out in the F.I.R. charges the accused persons of depositing the funds received under the said scheme in PACS when it was to be maintained in the nationalized Banks. It is alleged that an amount of Rs. 6,19,06,287/- was deposited in the Dehti PACS Ltd. Patna High Court Cr.Misc. No.39490 of 2011 (6) dt.23-02-2012 2 in its Accounts No. 163 and 3220. Allegation is that Rs. 25 lacs was withdrawn from the different nationalized banks, which was not disbursed to the beneficiaries. A number of advices bearing Nos. 1 to 24 was issued in favour of 1826 beneficiaries for disbursement of Rs. 4,38,24,000/- but without making payment to the beneficiaries the amount was reduced from the accounts and the advices were returned. It is further alleged that the amounts deposited in the PACS Banks was to be returned through bank draft which had not been carried out. The F.I.R. was instituted on the basis of fardbeyan dated 19.12.2008 of the Block Development Officer, Sikti and registered on 20.12.2008. The petitioner at the relevant time was holding the post of Block Development Officer, Araria. Mr. Giri, learned Senior counsel for the petitioner with reference to the F.I.R. submits that the petitioner is not named therein and his name has transpired during the course of investigation as he held the post of Block Development Officer, Araria in the year 2006. Learned counsel further submits that although no instance of misappropriation of fund has been made out against the petitioner, his only involvement in the present case is for the reason that the funds received under the Indira Awas Scheme were deposited with the PACS. It was submitted that in the process of advancing the Co-operative movement the funds received under the various Schemes of the Government were deposited with the PACS and that there was no law prohibiting the same rather the Deputy Development Commissioner by letter dated 02.12.2000 had accorded approval to this practice. It is submitted that for the first time a letter was issued by the Chief Secretary, Government of Bihar on 13.10.2008 issuing directives not Patna High Court Cr.Misc. No.39490 of 2011 (6) dt.23-02-2012 3 to maintain the funds received under the Schemes of the State Government in its Rural Development Department with the PACS/ Co-operative Bank as it was not secured and that it delayed the execution of the schemes. Learned counsel submits that the aforesaid letter of the Chief Secretary itself is confirmation of the practice prevalent at the relevant time, of deposit of funds received under the Schemes of the State Government, with the PACS or the Co-operative Banks. It is further submitted that even before the said letter was issued by the Chief Secretary, the petitioner withdrew all the money from the Dehti PACS on 25.08.2007 and whereafter no money was deposited with the PACS/Co-operative Banks. It was thus submitted that the deposit of the funds with the PACS/Co- operative Banks was neither an illegality nor any irregularity rather was a practice accepted in the Government and which practice was directed to be stopped only under the letter of the Chief Secretary dated 13.10.2008(Annexure-6). Learned counsel further submits that apart from the said infirmity, if any, no other material has been gathered by the Agency supporting the allegation of misappropriation by the petitioner, of the funds allotted under the Indira Awas Scheme, for his personal gains except that the funds were maintained with the PACS in return of certain percentage as commission, which charge is yet to be proved. Learned counsel has further submitted that the charges against the petitioner were enquired into by the Divisional Commissioner and who vide his report dated 27.11.2007(Annexure-7) has merely held the petitioner guilty of opening an account with the Dehti PACS but has not found him guilty for misappropriation of public funds. It was thus submitted that in absence of materials supporting the charge of using the funds allotted under the Patna High Court Cr.Misc. No.39490 of 2011 (6) dt.23-02-2012 4 Scheme, for personal gains and in view of the findings in the Departmental Enquiry, the involvement of the petitioner is not correct. Learned counsel has relied upon the judgment of the Supreme Court reported in (2012) 1 SCC 40 to submit that pre-trial incarceration is not to be resorted to, in a punitive sense and that since the chargesheet has already been submitted in the present case, indicating completion of investigation, the continuation of the

Applicable IPC Section: 467

Statute Text:
Section 467 of the Indian Penal Code. Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.