VIJAY BHAGVANJI SAVAJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No. 1/2021 registered with ACB Police Station, Vadodara, for the offences punishable under sections 13(1)(a), 13(2) and 12 of the Prevention of Corruption Act, 1988, and Sections 465, 468, 471, 409 and 420 of the IPC.

(3.) Learned advocate for the applicant, Mr. Shah, submitted that the TAQA agency is not required to supervise or monitor or make any entry in the Measurement Book, maintained by the Site Officers of the Gujarat State Police Housing Corporation. He, further, urged that when RA bill is raised by the contractor, stage-wise, the TAQA agency is required to identify several major tender items in the Measurement Book, which is maintained by the Site Officers of the GSPHC. He submitted that several major tender items are selected purely upon the independent and professional/technical discretion, where visible cum measurable items are prioritized generally for the work done under the RA bill. While referring to the letter of the Gujarat Police Awas Nigam Ltd., Dated: 09.03.2021, it was submitted that GPANL had informed all the Executive Engineers at Gandhinagar, Vadodara, Godhra, Surat, Mehsana and Ahmedabad that no payment shall be made under the specification of tender item of steel for chair, space bar and pin and if, it already had been paid through mistake, the same had to be recovered. It is, further, urged that an amount of Rs.26/- lakh has already been deducted from the contractor, i.e. accused No. 4, from his 5th Running Bill for the month of March, 2021. According to him, therefore, there is no monetary loss caused to the Nigam. It was, therefore, prayed that discretion may be granted in favour of the applicant.