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2024 Supreme(Jhk) 310

GAUTAM KUMAR CHOUDHARY
Surendra Prasad – Appellant
Versus
Union of India through CBI – Respondent


Advocates Appeared:
For the Parties : Ms. Anjana Prakash, Sr. Adv., Mr. Rajeev Kr. Sinha, Adv., Mr. Niraj Dubey, Adv., Mr. Vishnu Kr. Mahto, Adv., Mr. Ajit Kumar, Sr. Adv., Ms. Akriti Shree, Adv., Mr. K.S. Nanda, Adv., Mr. Rajesh Kumar, Adv., Mr. Anil Kumar, A.S.G.I., Mr. Nitish Parth Sarthi, A.C. to A.S.G.I.

JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.

1. Cr. Appeal No.1168/2019, Cr. Appeal No.1173/2019, Cr. Appeal No.1183/2019 arise out of RC Case No.15(A)/2009 and Cr. Appeal No.1166/2019, Cr. Appeal No.1167/2019 and Cr. Appeal No.1172/2019 arise out of R.C. Case No.17(A)/2009-R. Since all these appeals raise common question of facts and law and therefore, they have been heard together and will be disposed of by the common judgment.

2. Gravamen of allegation as disclosed in the prosecution case of both RC Case No.15(A)/2009 and RC Case No.17(A)/2009-R is that bitumen used in road construction was not procured from Public Sector Unit (PSU) as per the terms of the work contract, but from outside sources and the payment was released to the contractors on fake and forged invoices purported to be issued by PSU.

3. Engineers Surendra Prasad and Vindhyachal Singh @ Bindhyachal Singh are alleged to have counter signed the fake bitumen invoices in criminal conspiracy with contractor Upendra Prasad for release of bills to the tune of Rs.85,91,443/- in RC Case No.17(A)/2009-R. Bitumen was procured for the execution of work contract for improvement of Bano PWD Road to Pabura Nimtur Pangur Path for 10 Kms.

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