SURESH CHANDRA KHANDELWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has preferred this application under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.44/2015, registered at Police Station ACB, Raipur, Unit Bilaspur, for offence punishable under Section 420, 467, 468, 471, 120-B and 427 of the Indian Penal Code; Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988; and Section 3 of the Prevention of Damage to Public Property Act.

(2.) As per the prosecution case one M/s Sundrani Construction Company was awarded work of construction of Bridge over Arpa river at Koni-ManglaBilaspur Road popularly known as 'Turkadih Bridge'. The work started in the year 2005 and was completed in 2007. During inspection of the work carried out by the said company it was found that certain piers were completely damaged. The steel liners in the piers were absent over the concrete bed which were to give support to the pillars and in absence of steel lining, the work had caused damage to the concrete to the extent of 50-60%. The liner was exposed over the river bed, but in lower part of the pier which found support at the rock below the river bed to form the base, the steel lining was completely missing.

(3.) It is the case of prosecution that the contractor along with officers of the Public Works Department including the applicant prepared forged document to demonstrate that the basement work has been carried out in accordance with the drawing, however, severe deviation from technical specification was made in construction, consequently the repair work had to be carried out almost equal to the cost/expenditure at the beginning. The total loss caused to the exchequer has been assessed at Rs.337.47 lacs. As against the present applicant the allegation is that he entered incorrect measurement to approve bills to the tune of Rs.17.00 lacs (approx.).