Rajia Begam V. The State of Jharkhand

A.B.A./1487/2023

AI Insights

The case involves Rajia Begam, who sought anticipatory bail in connection with a case registered under Sections 406 and 420 of the Indian Penal Code, concerning financial irregularities linked to M/s Shunshine Global Agro Limited, a chit fund company. The company was under investigation following orders from the High Court of Jharkhand, which directed the CBI to probe into the activities of chit fund companies. The prosecution alleged that significant funds were transferred from the company's account to the personal account of the petitioner, who is the wife of one of the company's directors. The defense argued that the petitioner, being a housewife, had no active role in the company's operations or in soliciting customers, and was implicated solely due to her marital connection to one of the directors.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 801247 (HC-JHARKHAND)
• Appeal Type: Others
• Pronouncement Date: 18-05-2023
• Assessment Year: misc
• Other Referred Cases: W.P. (PIL) No. 1635 of 2014, W.P. (PIL) No. 642 of 2016
• Laws Referred To: Indian Penal Code
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: ANIL; NITISH SARTHI; CHANDANA KUMARI
• Assessee Lawyers: RAJ KUMAR; NIRANJAN KUMAR
• Keywords: Anticipatory bail; CBI investigation; Cheating; Criminal breach of trust; Money transfer; Chit fund companies
• Section: 420; 406; 438(2)

Judgement Text

" IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 1487 of 2023 ----- Rajia Begam … …. Petitioner Versus The State of Jharkhand … …. Opp. Party ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : M/s Rajkumar Rajesh, Niranjan Kumar, Advocates For the CBI : M/s Anil Kumar, Addl.S.G.I. Nitish Parth Sarthi & Chandana Kumari, AC to Addl.S.G.I. ----- Oral Order 07 / Dated : 18.05.2023 Apprehending her arrest, the petitioner named above has moved this Court for grant of anticipatory bail in connection with R.C. Case No. 31(S)/2017 EOW/Ranchi registered under Sections 406, 420 of Indian Penal Code, pending in the Court of learned S.D.J.M.-cum-Special Judicial Magistrate C.B.I, Dhanbad. Heard the parties. As per the prosecution case, in compliance to the order dated 11.05.2015 passed in W.P. (PIL) No. 1635 of 2014 and subsequent order dated 21.04.2017 passed in W.P. (PIL) No. 642 of 2016, investigation was taken over by the CBI against the chit fund companies. Pakur (Town) P.S. Case No. 178 of 2015 was registered against Md. Mukarram and four others of M/s Shunshine Global Agro Limited and re-registered as R.C. Case No. 31(S)/2017 EOW-R on 13.09.2017. M/s Shunshine Global Agro Limited was previously known as Shunshine Forestry Pvt. Ltd. The managing director and director of M/s Shunshine Global Agro Limited collected and deposits to the tune of Rs.2,47,47,673/- from the District of Pakur, Godda etc. through their local agents and branch in-charge and Md. Mokarram, Lekh Narayan Chand, Anand Kumar Jha and Md. Ahteshamul were authorized signatories of the bank account of M/s Shunshine Global Agro Limited in different bank. The main case of the prosecution is that the petitioner is the wife of Md. Mokarram and from the account of the company, Rs.88,08,000/- was transferred in her personal account and she was the beneficiary of the offence. It is submitted by learned counsel for the petitioner that the petitioner is house wife as stated in the charge sheet and was not involved in soliciting the customers and she was no way associated with the company. The petitioner has been dragged in this case for the reason that she is the wife of one of the directors of the company. After investigation, charge sheet has been submitted and cognizance has also been taken. Learned counsel for the CBI has opposed the prayer for bail and submitted that crime proceeds were transferred in her account. Considering the fact that the petitioner was not the director of the company and was the house wife of one of the directors and after investigation, charge sheet has been submitted, the anticipatory bail application is allowed. Hence, in the event of her arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on furnishing bail bond of Rs.1,00,000/- (Rupees One Lakh) with two sureties of the like amount each to the satisfaction of learned Court below, subject to conditions laid down under section 438 (2) Cr. P.C. and further subject to condition that one of the bailers will be Income Tax Payee. (Gautam Kumar Choudhary, J.) AKT "