Jharkhand High Court
Baleshwar Baitha vs The State Of Jharkhand Through Cbi on 21 October, 2016
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7704 of 2016
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Baleshwar Baitha .. Petitioner
-Versus-
The State of Jharkhand through C.B.I. ... Opposite Party
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
...
For the Petitioner :- Mr. Rahul Kumar, Advocate.
For the C.B.I. :- Mr. K.P. Deo, Advocate.
...
05/21.10.2016: Heard both the counsels.
Learned counsel for the petitioner has submitted that the matter arose out of PIL, wherein, direction was given to the CBI to investigate the matter. Learned counsel has further submitted that petitioner has been posted as the Executive Engineer in the Division for a part period when 6th running bills to 13th running bills were raised by the contractor. Final bill and measurement was not made during the period of posting of the petitioner as the Executive Engineer rather was passed by the successor in office of the petitioner. Learned counsel has further submitted that petitioner being the Executive Engineer has very negligible supervisory role. Learned counsel has further submitted that CBI does not say anything about the substandard work. Learned counsel has further submitted that in the preliminary inquiry, out of 114 invoices, which has been alleged, only 14 were defective or the subject of inquiry. Now after two years, CBI finds 61 invoices forged. Learned counsel has further submitted that neither the entries made in measurement book has been held to be forged nor the progress report held to be fabricated, however, on mere conjectures and surmises, it has been stated by the prosecution that loss to the State has been caused because of the invoices relating to lifting of the bitumen being forged and fabricated. Learned counsel has further submitted that till today, charges have not been framed against the petitioner though he is in custody since 26.12.2013. Learned counsel has further submitted that maximum punishment is of 7 years taking into account all the sections that have been imposed. Therefore, petitioner may be released on bail.
Learned counsel appearing on behalf of the CBI, has opposed the bail application and submitted that M/s. Kalawati Construction Pvt. Ltd., Daltanganj submitted 114 nos. of bitumen invoices, out of which, 61 invoices were found to be fake. No bitumen was procured/ supplied against those 61 bitumen invoices covering 1128.4780 MT bitumen worth Rs.2,23,66,468/-. Petitioner Baleshwar Baitha the then Executive Engineer, dishonestly and fraudulently by abusing his official position passed the 6th to 13th bills which included bituminous work in order to extend undue benefit to the contractor by facilitating payment of the bills of the contractor.
Having gone through the records and the arguments advanced by the learned counsel for both the sides, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs. 25,000/- (Rs. twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned A.J.C. XVIIth-cum- Special Judge, CBI, Ranchi, Jharkhand, in connection with R.C. Case No. 14(A)/09(R) with the condition that he will appear on each and every date of hearing in trial before the court concerned unless dispensed with by the court concerned.
Let a copy of this order be handed over to the counsel appearing for the CBI.
(Ratnaker Bhengra, J.) S.B.