Jharkhand High Court
Basdeo Tiwari Alias Basudeo Tiwari ... vs The State Of Jharkhand Through Cbi on 22 March, 2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9929 of 2012 Basdeo Tiwari @ Basudeo Tiwari @ Bashudeo Tiwari ......Petitioner Versus The State of Jharkhand through C.B.I. ...... Opposite Party CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY For the Petitioner : Mr. Chandrajit Mukherjee, Advocate For the State : A.P.P. 07 /22.03.2013 Heard learned counsel for the parties.
The petitioner is accused in connection with R.C. Case No.20(A)/2009(R), pending in the Court of Sri A.K. Gupta, learned Special Judge, C.B.I., Ranchi.
It is alleged in the F.I.R. that petitioner, then being the Executive Engineer, R.C.D., Chaibasa during the period 200607 entered into a criminal conspiracy with M/s Nav Nirman Builders to whom contract was given to construct road. It is disclosed that M/s Nav Nirman Builders submitted false and bogus invoices showing procurement of bitumen for the execution of the contractual work, allotted in its favour and petitioner, in connivance with the contractor and other accused, certified those bills based on those invoices causing wrongful lose to the Government of Jharkhand and for wrongful gain to the contractor and other accused. It is further disclosed that out of 37 invoices showing procurement of bitumen from I.O.C.L. Depot, Tata Nagar, 06 invoices covering 27.234 M.T. procured bitumen were not actually issued by the I.O.C.L. Depot, Tata Nagar and hence prima facie those bills were considered to be forged and fabricated. It is further alleged that on the basis of false certification of the above noted invoices and bills, the contractor has received payment of Rs.89,68,966/.
It is submitted that the contractor was given the job to complete the work within 21 days. He had used the bitumen which were already in stock purchased from H.P.C.L. Initially only on the suspicion the C.B.I. has registered this case u/s 420, 120B, 467, 468 & 472 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act but after investigation chargehseet has only been submitted for the offences punishable under Prevention of Corruption Act because the bills submitted by the contractor were found genuine and issued by said company. Furthermore, the 2. contractor namely Dharmveer Bhadoria has been granted bail by learned Special Judge, C.B.I. in view of the direction given by Hon'ble Supreme Court in S.L.P. No.5737 of 2012. It is further pointed out that Ram Vilash Sahu, one of the Assistant Engineer posted at the relevant time at the said place has also been granted bail by this Court vide B.A. No.6859 of 2012.
On the other hand, learned counsel appearing for the C.B.I. has vehemently opposed the prayer for bail and submitted that 37 invoices relating to bitumen purchased by the contractor were actually issued against a different contract work relating to National Highway Division, Jamshedpure on the strength of authority letter issued by the Executive Engineer of National Highway Division, Jamshedpur. The photo copy of those bills and invoices in connection with this case were certified by this petitioner and after that payment was made to the contractor. Therefore, petitioner, being the Executive Engineer, cannot escape from the liability.
Be that as it may, it was the contractor who had used those 37 invoices for two different contract for getting payment and he has been granted regular bail on his surrender in view of the order passed by Hon'ble Supreme Court. The petitioner has already remained in custody for about eight months and another coaccused Ram Vilash Sahu has been granted bail by this Court. Considering all these aspects, petitioner Basdeo Tiwari @ Basudeo Tiwari @ Bashudeo Tiwari is directed to be released on bail on furnishing bail bond of Rs.20,000/(Rupees twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court of Sri A.K. Gupta, learned Special Judge, C.B.I., Ranchi in connection with R.C. Case No.20(A)/2009(R).
(D. N. Upadhyay, J.) NKC