Jharkhand High Court
Sanjay Rampal vs Central Bureau Of Investigatio on 18 August, 2011
Author: Jaya Roy
Bench: Jaya Roy
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No 1702 of 2011
Sanjay Rampal ....... Petitioner
Versus
The Central Bureau of Investigation ..... Opp.Party
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CORAM : HON'BLE MRS. JUSTICE JAYA ROY
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For the Petitioner(s) :Mr. Ramesh Kr. Singh & Vikash Kumar, Advocates
For the C.B.I. :M/s. Md. Mokhtar Khan, Advocate
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04/18.08.2011Heard the learned counsel for the petitioner and the learned counsel for the C.B.I.
2. The learned counsel for the petitioner submits that the petitioner has apprehension for his arrest in connection with R.C. Case No.12(A)/09-R registered under Sections 120B,420,467,468 and 471 I.P.C. and under Section 13(2) read with 13(1) (d) of the Prevention of Corruption Act,1988 pending in the court of Sri N.N.Singh, Special Judge, C.B.I., Ranchi
3. The prosecution case in brief is that Shri Shyam Sunder Singh, the then Ex. Engineer, Road Division, Road Construction Department, Hazaribagh during the period from 2006-08 entered into a criminal conspiracy with M/s Sunny Construction & Company, Jhumritilaiya, Koderma and unknown others in pursuance thereof, M/s Sunny Construction & Company submitted false bogus invoices showing procurement of Bitumen, for the execution of the contractual work awarded in its favour, which caused wrongful gain to the contractor and corresponding wrongful loss to the Govt. of Jharkhand.
4. The counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in this case. It is also submitted that the petitioner is one of the three partners of the firm namely, Major Sunny Construction and Company (a partnership firm) is working for purpose of civil contract work and transport work under Government and semi-Government. One of the co-accused Shri Purushottam Lal Saroj is monthly remunerated working/active partner of the firm apart from the profit sharing. The working partner of the firm as per clause-II of the Partnership deed Shri Purushottam Lal Saroj will be responsible for any criminal act committed on behalf of the firm. Therefore, if any criminal act has been committed by the partnership firm namely M/s Sunny Construction & Company, only Shri Purushottam Lal Saroj is responsible not the petitioner or other partners.
-2-5. Mr. Khan, the learned counsel of the C.B.I. submits that while hearing a Writ Petition being W.P.(PIL) No.803 of 2009, Hon'ble Jharkhand High Court at Ranchi was pleased to direct the Central Bureau of Investigation to investigate the allegations of large scale irregularities, bungling and embezzlement in the matter of procurement of bitumen used in construction/repair of roads. On receipt of such directions, a Preliminary enquiry vide No.PE 03(A) 2009 was registered at Central Bureau of Investigation, Anti Corruption Branch, Ranchi. During the course of enquiry of the above referred PE 03(A) 2009, it was found that M/s Sunny Construction & Co. Jhumri Tilaiya, Koderma had submitted fake bitumen invoices while executing the work of widening and strengthening of Jihu-Itkhori Road in km 0 to 9.8 for the year 2005-06 awarded to him under Road Construction Department, Road Division Hazaribagh and accordingly a separate criminal case was registered vide RC 12(A)/2009-R and investigation taken up.
6. The Investigation disclosed that M/s Sunny Construction and Co, Jhumri Tilaiya, Koderma, was awarded with a contract for execution of the work for widening and strengthening of Jihu- Itkhori Road in Km 0 to 9.8 for the year 2005-06 at a contractual value of Rupees Two crores sixty lakhs approximately and an agreement vide No. 15F2/05-06 on 23.03.2006 to this effect was executed between the partner of M/s Sunny Construction & Co. and Executive Engineer, RCD, Road Division, Hazaribagh. Subsequent to the execution of the agreement, work order was issued by the Executive Engineer, RC, Road Division Hazaribnagh in favour of M/s Sunny Construction & Co., Jhumritilaiya, Koderma. Further Investigation disclosed that M/s Sunny Construction & Co. submitted 43 invoices and amongst them 17 bitumen invoices amounting to Rs.60,30,625/- were fake. Thus, the aforesaid company in order to cheat the department by making use of less quantity of bitumen, prepared forged document and used them as genuine.
7. After hearing both the parties and considering the materials on the record, as admittedly the petitioner is one of the partners of the aforesaid firm, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
(Jaya Roy, J) Biswas/