RAJEEV JHAWAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The instant application under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of applicant seeking extension of time to comply with the directions issued by this Court vide order dtd. 8/6/2022 in Bail Application No. 1683/2022.

(2.) At the outset, this Court deems it necessary to briefly discuss the facts of the present case which are that an information was received by CBI that Sh. N.M.P. Sinha i.e. Ex. SP, CBI, New Delhi, in conspiracy with Sh. Vinay Jalan, Sh. Parth Jalan, Sh. Rajiv Jhawar (applicant) i.e. M.D. of M/s. Usha Martin Ltd., Sh. Raj Kumar Kapoor i.e. Authorized Signatory of M/s. Usha Martin Ltd., and other unknown persons were trying to influence the investigation of the case of CBI registered vide RC17(E)/2016 dtd. 20/9/2016 under Sec. 13(2) read with Sec. 13(1)(d) of Prevention of Corruption Act and Sec. 420/120B of Indian Penal Code, 1860,by EO-II Branch, New Delhi against I. D. Paswan, the then Director (Mines), Govt. of Jharkhand, M/s. Usha Martin Ltd. and other unknown persons. The allegations are that Sh. N.M.P. Sinha was the Supervisory Officer of the aforesaid case before his retirement on 31/8/2020, and Sh. Raj Kumar Kapoor was representing M/s. Usha Martin Ltd. on behalf of Sh. Rajiv Jhawar. As alleged, they were actively pursuing the case through Sh. Vinay Jalan who had assured them that he will get the investigation moulded in their favour through his contacts in CBI. On 23/9/2020 Sh. N.M.P. Sinha had met Sh. Vinay Jalan at hotel ITC Mourya, New Delhi for three-four hours and in his presence, Sh. Vinay Jalan had asked his son Parth Jalan to prepare a reply to the summons issued by CBI to M/s. Usha Martin Ltd. and asked him to meet Sh. N.M.P. Sinha on his next visit to New Delhi. Sh. N.M.P. Sinha also had conversation with Sh. Parth Jalan. It was informed to CBI that Sh. Vinay Jalan will deliver bribe of Rs.20.00 lakhs to Sh. N.M.P. Sinha to get the work done. On the basis of this information, present case was registered vide RC AC-1/2020/A0004, dtd. 2/10/2020, at CBI/AC-I, New Delhi under Sec. 7-A/8/9/10/12 of PC Act, 1988. During investigation, a trap was laid and the accused persons namely Sh. N.M.P. Sinha and Sh. Vinay Kumar Jalan were arrested and an amount of Rs.25,00,000.00and an amount of Rs.5,12,000.00 was recovered respectively from their possession. After completion of investigation, a chargesheet was filed on 1/12/2020 against accused namely (1) Nripendra Mohan Prasad Sinha @ N.M. P. Sinha, (2) Vinay Kumar Jalan, (3) Rajiv Jhawar, (4) Raj Kumar Kapoor, (5) M/s. Usha Martin Ltd. and (6) Hemant Joshi, under Ss. 120B of IPC read with Ss. 7/7A/8/9/10/12 of PC Act, 1988 and substantive offences u/s 9 and 12 of PC Act, 1988. After filing of the chargesheet, the present applicant had preferred an anticipatory bail application before the learned Trial Court.

(3.) The anticipatory bail application filed by the applicant Rajeev Jhawar was dismissed by the learned Trial Court vide order dtd. 17/5/2022, after which the petitioner had filed the above-captioned bail application bearing no. 1683 of 2022, seeking pre-arrest bail on account of his apprehension of being arrested in RC AC-1/2020/A0004.