Jharkhand High Court
Rajiv Ranjan vs The State Of Jharkhand ... ... Op on 3 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1633 of 2023
Rajiv Ranjan ... ... Petitioner
Versus
The State of Jharkhand ... ... OP
with
Cr. Revision No. 1425 of 2023
Ranjeet Kumar Kushwaha @ Ranjit Kumar Kushwaha ... ... Petitioner
Versus
The State of Jharkhand & Anr. ... ... Ops
with
Cr. Revision No. 1510 of 2023
Anil Kumar ... ... Petitioner
Versus
The State of Jharkhand ... ... OP
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioners : Mr. A.K. Chaturvedy, Advocate;
Mr. Prem Madi, Advocate
For the State : Ms. Rukmini Kumari, AC to SC Mines-III
For the OP No.2 : Mr. Birendra Burman, Advocate ;
Mr. Sidharath Kumar, Advocate
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rd
Order No. 09/Dated: 3 September, 2024
IA No. 9344 of 2024 in Cr. Rev. No. 1633 of 2023
On call, the learned counsels for the parties have appeared.
The instant application has been filed on behalf of the petitioner
praying therein for grant of bail during pendency of this revision as the
petitioner has surrendered before the learned Chief Judicial Magistrate
Palamau on 06.06.2024 to serve the sentence awarded in Criminal Appeal
No. 47/2013, whereby and whereunder the appeal filed by the petitioner has
been dismissed and the judgment of conviction and order of sentence dated
05.09.2023 passed by the learned court of Chief Judicial Magistrate, Palamau
at Daltonganj in G.R. Case No. 1636/2021 (T.R. No. 414/2023) was affirmed
and same was allowed and he has been taken into custody on 06.06.2024 by
an order passed by learned Chief Judicial Magistrate, Palamau to serve the
sentence after his conviction.
The prosecution case is based upon the written application of
Rajiv Ranjan Mishra, written before the Inspector, Medininagar Police
Station, Palamau in which it has been alleged that he has a Branch of Fino
Payment Bank in Zila School Chauk, Karan Complex, Ganga Press Road,
Dalonganj which come under Cluster Head Rajiv Ranjan, the Branch head
Anil Kumar and the CSO Ranjeet Kushwaha. It has been alleged in the
written information that during his surprise visit of the said Branch, it was
found that physical cash was not available in the Branch where as the
system/Vault Cash showed of Rs. 24,62,049/-, but physical cash was missing.
None of the above said employee were co-operating and providing details of
cash whereabouts. It has been alleged that the cash has been siphoned off by
them. Hence the case was registered.
The learned counsel for the petitioner has submitted that PW-1
Bijay Kumar in paragraph no. 10 of his deposition deposed that the petitioner
works in field and he was not working as manger in the concerned bank. In
paragraph no. 8 PW-3 Rajiv Ranjan Mishra deposed that he conducted the
inquiry on 07.08.2022 with Devendra Manjhi and Ravi Singh. At para - 14 he
deposed that vault cash verification conducted weekly and 3-4 days earlier
same verification was done and same was found correct. He further deposed
at Para- 15 that entire cash is kept in vault and at the date of occurrence the
custodian of vault was Ranjit Kushwaha and one Prince Kumar and he had
no made enquiry with them nether took any written explanation. P.W-5
Devendra Kumar Manjhi is risk Control manager of the bank posted at
Varanasi. He deposed in paragraph no. 17 that he had not done enquiry on the
point that on the date of inspection who was having the key of the vault.
P.W-7:- Jitendra Kumar who is the Investigating Officer in paragraph No. 16
deposed that he had not made the entry in case diary that who kept the key of
vault and at para 17 he deposed that he had not made the enquiry who is the
responsible person who keeps the key of the vault. Further at para 22 he
deposed that he does not know from when the cash was missing. Further at
para 29 he deposed that he had not made entry in case diary that who is
responsible of vault key. The learned counsel has further stated that
conviction of the petitioner was done on the basis that he had knowledge
about the transaction of money in the branch but he has not taken any step
because he was on leave from 01.08.2022 to 05.08.2022. He has further
stated that co-convict Anil Kumar who was the branch manager has been
granted privilege of suspension of sentence in IA No. 11100 of 2023 order
dated 18.1.2024 (Cr. Rev. 1510 of 2023) and, the petitioner is in custody for
about one year, therefore, he seeks parity.
The learned counsel appearing for the State has opposed the
prayer for suspension of sentence and submitted that allegation is against
three accused persons including this petitioner and they have been found
guilty for the offence under section 409/34 of the IPC as they have siphoned
money of the bank.
Having heard the learned counsels for the parties, noted their
submissions and also the cited suspension order of the co-convict, the
petitioner, named-above, is ordered to be released on bail, during pendency
of the criminal revision, on executing bail bonds of Rs. 25,000/- (Rupees
Twenty five Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Palamu at Daltonganj in
GR Case No. 1636 of 2022 (TR No. 414 of 2023), subject to the condition
that the petitioner shall submit self-attested photocopy of his Aadhar Card
and mobile number before the learned court below which he will always keep
active and will not change it during pendency of the case without prior
permission of the Court.
Accordingly, I.A. No. 9344 of 2024 stands allowed and disposed
of.
IA No. 9353 of 2024 in Cr. Rev. No. 1425 of 2023
The instant Interlocutory Application has been filed for enlarging
the petitioner on bail during pendency of this Criminal Revision and further
prays for suspension of conviction and sentence order judgment dated 20-10-
2023, passed by the learned Sessions Judge, Palamau in Criminal Appeal No.
40 of 2023, in which appeal has been dismissed and learned Session judge,
Palamau, affirmed the judgment dated 05-09-2023, passed by the learned
Chief Judicial Magistrate, Palamau at Daltonganj in connection with
Daltonganj Town P.S. Case no.271/22, corresponding to G.R. Case No. 1636
of 2022 (Trial No. 414 of 2023.)
The brief facts as submitted by the learned counsel for the
petitioner is that the informant has alleged that they have a branch of Fino
Payment Bank situated at Zila School Chowk, Jkaran Complex, Ganga
Press Road, Daltonganj which came under Cluster Head, namely Rajiv
Ranjan and Branch Head namely Anil Kumar and Customer Support
Officer namely Ranjeet Kumar Kushwaha. It is further alleged that during
surprise visit to the branch it was found that physical cash was not available
in the branch whereas system/vault cash was of Rs. 24,62,049/- but physical
cash was missing and none of the employee were cooperative and providing
details of cash thereafter the present case was lodged.
The learned counsel for the petitioner submits that the petitioner
had already undergone custody from 9.8.2022 to 17.8.2023 almost one year
seven days out of two years and nine months. He has further stated that the
petitioner has surrendered before the learned court below on 20.8.2024 and
till date he is further in custody. The evidence adduced on behalf of the
prosecution suggests that it is a case of theft and several documents have
been proved by the prosecution from electronic device without following
section 65 of the Evidence Act for which objection was also made and hence
the documents filed by the prosecution would have not been read in reaching
the conclusion of the case. He has further stated that the petitioner happens to
be Cashier and no witnesses in his evidence deposed that he is responsible for
the said occurrence nor there is any complaint from any customer of the bank
regarding entrustment of money to the bank, which is an important ingredient
to make out a case u/s 409 IPC. He has further submitted that no recovery has
been made from the possession of the petitioner. The learned counsel has also
submitted that co-convict Anil Kumar who is the Bank Manger has been
granted bail and also co-convict Rajiv Ranjan has been granted bail today
itself. Therefore, the petitioner seeks parity.
The learned counsel for the opposite party no.2 submits that
P.W.1, Vijay Kumar, who is employee of Fino Payment Bank has deposed in
his examination-in-chief that occurrence is of one year ago. He is posted as
C.R.O in the said Bank. He has further deposed that there was embezzlement
of Rs. 25,00,000/- in the Bank Branch situated at Zila School Chauk,
Daltonganj. The aforesaid embezzlement came into light during visit and
audit made by Regional Head Rajiv Mishra and he had found that about Rs.
25,00,000/-amount was in defecit. He has further deposed that at that time it
was the responsibility of C.H.O, Ranjeet Kushwaha, Branch Manager, Anil
Kumar and Cluster Head Rajiv Ranjan to keep the amount. The case has been
lodged by Rajiv Mishra against aforesaid three accused persons. He has
identified the accused Ranjeet Kushwaha and Anil Kumar, who were
produced through V.C and claimed to identify accused Rajiv Ranjan after
seeing them.
Having heard the learned counsels for the parties, noted their
submissions and also the cited suspension order of the co-convicts, the
petitioner, named-above, is ordered to be released on bail, during pendency
of the criminal revision, on executing bail bonds of Rs. 25,000/- (Rupees
Twenty five Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Palamu at Daltonganj in
connection with Daltonganj Town PS Case No. 271 of 2022, GR No. 1636 of
2022 (TR No. 414 of 2023), subject to the condition that the petitioner shall
submit self-attested photocopy of his Aadhar Card and mobile number before
the learned court below which he will always keep active and will not change
it during pendency of the case without prior permission of the Court.
Accordingly, I.A. No. 9353 of 2024 stands allowed and disposed
of.
Cr. Revision No. 1633 of 2023 with Cr. Revision No. 1425 of 2023
with Cr. Revision No. 1510 of 2023
Heard.
Admit.
Put up these cases as per seriatim.
(Ratnaker Bhengra, J.)
KNR
