Jharkhand High Court
Parimal Kumar Singh @ Bhupendra Singh vs The Union Of India Through The Central ... on 22 June, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3387 of 2021
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Parimal Kumar Singh @ Bhupendra Singh .... .... .... Petitioner Versus The Union of India through the Central Bureau of Investigation .... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. A. K. Kashyap, Sr. Advocate
Mr. Dhanajay Kr. Dubey, Advocate
For the C.B.I. : Ms. Nitu Sinha, Advocate
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Order No.02 Dated- 22.06.2021
Heard the parties through video conferencing.
Apprehending his arrest in connection with R.C. Case No.05(A) of 2013-D instituted under Sections 120-B, 420, 467, 468, 471 of the Indian Penal Code and under Section 13 (2) read with 13 (1) (d) of Prevention of Corruption Act, 1988, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the Director/Chairman of M/s. Bhupendra Engineering & Construction (P) Ltd. Chitra, in furtherance of criminal conspiracy with the co-accused persons, had authorized the co-accused Ajit Kumar Ray on behalf of the aforesaid company for executing the work of strengthening the road at Jamtara Railway Siding under SP Mines area, SPM, Chatra and has withdrawn excess amount of Rs.16,04,987/- on the basis of forged bill and by making false and fabricated measurement. It is submitted that the allegation against the petitioner is false. It is further submitted that the Eastern Coalfields Limited has also realized Rs.13,87,812/- from the petitioner. It is next submitted that the petitioner has cooperated with the investigation of the case and charge- sheet has already been submitted against the petitioner but the C.B.I. did not feel it necessary to arrest the petitioner during the investigation of the case. It is also submitted that a three-member committee constituted by the General Manager, S.P. Mines Area of Eastern Coalfields Limited has not disclosed any laches in the work done by the petitioner which were completed in the year 2011 and the C.B.I. made the measurement in the year 2013 behind the back of the petitioner without issuing him any notice. It is lastly submitted that the petitioner is ready and willing to co-operate with the trial of the case and to deposit Rs.2,25,000/- with the Eastern Coalfields Limited without prejudice to his defence in this case subject to final decision of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned counsel for the C.B.I. opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Special Judge, C.B.I-cum-1st Additional Sessions Judge, Dhanbad within eight weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on showing proof of deposit of Rs.2,25,000/- with the Eastern Coalfields Limited and on furnishing bail bond of Rs.2,00,000/- (Two lakh) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I-cum-1st Additional Sessions Judge, Dhanbad in connection with R.C. Case No.05(A) of 2013-D with the condition that he will co-operate with the trial of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioner deposits Rs.2,25,000/- with the Eastern Coalfields Limited learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.
(Anil Kumar Choudhary, J.) Animesh/