S K SONWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking jurisdiction of this court under Section 438 of Cr.P.C, the ' applicant herein has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.350/2014 registered at Police Station, Telibandha, Raipur, District Raipur, for the offence punishable under Sections 420,467 and 471 of IPC.

(2.) As per prosecution, allegation against the present applicant is that the applicant while holding the post of incharge, Managing Director of Chhattisgarh State Industrial Development Corporation (for short, CSIDC) accepted tender of one Mahendra Enterprises whereas it ought to have been rejected as certain objections were raised by the other members of the tender evaluation committee. Further allegation is that, the applicant has replaced page No. 62 which is a part of techno commercial assessment which only bears signature of applicant amounting to commit forgery and cheating. The First Information Report has been lodged by the Managing Director, CSIDC on 01.09.2014 against the applicant pursuant to which aforesaid offences have been registered against the applicant.

(3.) Learned counsel appearing for the applicant would submit that for the year 2006-07 the responsibility of purchasing medicine kits was given to the CSIDC and at that time the applicant herein was holding the post of incharge Managing Director of the said corporation and tender committee consisting of applicant, the then incharge Chief General Manager, Marketing, Shri AH Bole, the Financial Advisor, Shri Sazid Memon, the then Assistant Director, Department of Women and Child Development and Dr. Subhash Pandey, Deputy Director, Department of Health Services was constituted to consider the bids. The Bids were opened on 28.02.2007 and evaluated on 23.03.2007 and thereafter supply order in question was passed in favour of Mahendra Enterprises and agreement to that effect was entered into between the parties on 24.03.2007. He would further submit that said agreement dated 24.03.2007 was cancelled by the the CSIDC on 03.09.2007, against which WPC No.2245 of 2009 was filed by Mahendra Jain before this Court, in which the State as well as CSIDC took different stands before the High Court with regard to techno commercial evaluation by the evaluation committee. He would further submit that in the said writ petition, Division Bench of this court directed the Chief Secretary of the State to enquire into the matter and take appropriate action/departmental enquiry, if any, required.