JUDGMENT :- Rule. Heard forthwith by consent of parties. Heard Mr. A. C. Dharmadhikari, learned counsel for applicant and Mr. Shyam Ahirkar, learned Assistant

2. Applicant is accused No.2 along with one Jagdishprasad Pannalal facing prosecution for the offences punishable under Sections 120-B, 409 of the Indian Penal Code read with Sections 13(1)(c) and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 in Special Case No.59 of 2003 before the Judge, Special Court for CBI at Nagpur.

3. The facts leading to the prosecution of applicant are that officers of respondent had taken surprise check of the Central Depot Stores of Central Public Works Department (CPWD) on 30-9-1997 in presence of certain officers of the CPWD and it was noticed that there was short supply of 746 MT of cement by M/s. Balaghat Cement Private Limited. CPWD had indented 1800 MT of cement, but the actual supply made was of 1054 MT only and by using blank consignee receipt certificate supplied by accused No.1 Jagdish Prasad, Assistant Engineer working with CPWD, payment for entire indented quantity of 1800 MT was claimed and thereby Government was put to loss of more than Rs.11 lacs in conni

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