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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Anant Bijay Singh, J.
M/s. J.c. Enterprises - Appellant
Versus
State Of Jharkhand - Respondent
A.B.A. No. 1124 of 2017, A.B.A. No. 1128 of 2017 and A.B.A. No. 1774 of 2017
Decided On : 26-07-2017
Indian Penal Code - Anticipatory Bail - Sections 120B, 420, 471, 468 - Prevention of Corruption Act - Sections 13(2), 13(1)(d)
Fact of the Case:
The petitioners filed for anticipatory bail in connection with a case registered under Sections 120B, 420, 471, 468 of the Indian Penal Code and Sections 13(2), 13(1)(d) of the Prevention of Corruption Act. The case involved alleged conspiracy and wrongful loss to the Central University of Jharkhand in awarding construction contracts.
Finding of the Court:
The court granted anticipatory bail to the petitioners, directing them to cooperate with the investigation and appear before the trial court. Some petitioners were granted bail earlier with similar conditions.
Issues: The main issue was whether the petitioners deserved to be enlarged on bail considering the allegations of conspiracy and wrongful loss to the university.
Ratio Decidendi: The court considered the readiness of the petitioners to cooperate with the investigation, their non-arrest during the investigation, and the conditions imposed on previous bail grants. The court also took into account the submission of medical certificates and humanitarian grounds for one petitioner's travel to the USA.
Final Decision: The court admitted all the petitioners on bail with specific conditions and directed them to surrender in the court within four weeks. One petitioner was permitted to travel to the USA for a specified period, subject to conditions.
JUDGMENT
Anant Bijay Singh, J. - Today when the case is called out, an I.A. Dated 19.07.2017 has been filed in ABA No. 1774/2017. Office is directed to put Number on it, make diary entry of the same and tag it with the record.
2. Since all the anticipatory bail applications arose from the same FIR, they are being heard together and disposed of by this common order.
3. ABA No. 1124/2017 has been filed by M/S J.C. Enterprises through its proprietor-Kamal Kumar Jhunjhunwala.
4. ABA No. 1128/2017 has been filed by Raunak Raj.
5. ABA No. 1774/2017 has been filed by Narendra Butala @ Narendra Manilal Butala, who is Director of M/S Park Sarwa Mangla Projects (P) Ltd.
6. The petitioners are apprehending their arrest in connection with RC 11 (A)/2014-R, the case registered under Sections 120B r/w Section 420/471/468 of the Indian Penal Code and Section 13(2) r/w Section 13(1)(d) of the P.C. Act.
7. It appears that in ABA No. 1774/2017 the CBI after investigation has submitted final form on 30.11.2016, which reveals that the Central University of Jharkhand (in short C.U.J.), Ranchi was established in 2009 and it started functioning from its rented campus at Brambe, Ranchi. For development of the permanent campus of the University, State Govt. of Jharkhand allotted 319.28 hectares of land to C.U.J.
8. The investigation has further disclosed that Shri. N.P. Garg (petitioner) in conspiracy with Shri. D.T. Khathing and in absence of complete master plan invited Expression of Interest (in short EOI) on 22.10.2011 for empanelment and award of work of construction of different buildings at the permanent campus at Cheri-Manatu, Ranchi.
9. The investigation further reveals that as per the NIT dated 22.10.2011 the civil/internal electrification/HAVC/Services works were divided into four categories for empanelment of the contractors i.e. Group A (works valued above Rs. 25 crores), Group B (works valued between Rs. 10 crores to Rs. 25 crores), Group C (works valued between Rs. 5 crores to Rs. 10 crores) and Group D (works valued between Rs. 3 crores to Rs. 5 crores). In the NIT published, no specific criteria was spelt out for empanelment of the contractors. The only condition was that the party should be technically and financially sound and have completed the assigned projects in time bound manner without escalation.
10. The investigation further reveals that as part of the conspiracy to award the Building Construction work to the favoured firms, a comparative chart was prepared by the concerned accused officers of C.U.J, Ranchi for empanelment of Group A, B, C & D contractors in which CPWD was deliberately excluded. It further reveals that under Group-C contractors, namely, M/s. Raj Construction, M/s. Mourya Heritage, M/s. J.C. Enterprises (petitioner in ABA No. 1124/2017) and M/s. Bharat Drilling & Foundation Treatment Pvt. Ltd. were L-1 after post tender negotiation who quoted 54% above DSR-2007 and instead of re-tendering, the accused public servants awarded the same or several types of works, i.e Civil Works/Electrical Works at different rates, i.e. 56% above DSR-2007 in Group-B, 54% above DSR-2007 in Group-C and 49% above DSR-2007 in Group-D.
11. In ABA No. 1128/2017, the petitioner,namely, Raunak Raj, who is partner of M/s. R.K. Mishra & Co., Ranchi and he is Group-C contractor and he was awarded the work at the rate of 54% above DSR-2007, which causes wrongful loss to the University.
12. In ABA No. 1774 of 2017, the petitioner, namely, Narendra Butala @ Narendra Manilal Butala, who is Director of M/S Park Sarwa Mangla Projects (P) Ltd. and according to C.B.I. The above named petitioner was L-1 after post tender negotiation who had quoted 56% above DSR-2007. But instead of re-tendering, the accused public servants awarded several types of work i.e. civil works/electrical works to this petitioner at the rate of 50% above DSR-2007 in Group-B. It was further submitted by the CBI that the Minutes of the 11th meeting of the Building Committee he
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