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Supreme Court dismisses plea of man accused of criminal breach of trust among other charges as withdrawn

Today, during the hearing, Chief Justice of India N.V. Ramana asked the counsel, “If in a criminal case, you say I am ready to pay back the money. Then shall we allow you to go...?” Justices Surya Kant and Aniruddha Bose were also part of the bench.

The Supreme Court on Friday dismissed a plea as withdrawn which had been filed by a man seeking anticipatory bail in relation to an FIR registered under Sections 409, 420, 467, 468 and 741 of the Indian Penal Code. 

Today, during the hearing, Chief Justice of India N.V. Ramana asked the counsel, “If in a criminal case, you say I am ready to pay back the money. Then shall we allow you to go…?” Justices Surya Kant and Aniruddha Bose were also part of the bench. 

The bench was responding to the submission made by the counsel for the petitioner that he has completed 80% of his tender work for which he has received only 60% of the money, however, he is also willing to return the money which he received.

The bench observed that the work done by the petitioner was not up to the standard. Justice Bose made the observation, “In the construction of road the depth of the road is of utmost importance, if the depth is not enough then the road will wear out in the monsoon season.”

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The bench thereafter instructed the petitioner to withdraw the petition. The bench was hearing the anticipatory bail application filed by the petitioner who was allotted the tender of the construction of PCC road, which was to be constructed 10 feet wide and 8-inch deep, respectively, but on measurement in several places, the width was found to be 8 feet and with a depth of 5 inches.

Thereafter, a FIR was lodged against the petitioner under the various sections of Indian Penal Code i.e. 409 (Criminal breach of trust by public servant, or by banker, merchant or agent), 420 (Cheating and dishonestly inducing delivery of property), 467 (Forgery of valuable security, will, etc), 468 (Forgery for purpose of cheating) and 471 (Using as genuine a forged document).

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