MOHAMMAD MUDDASAR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) First bail application of the applicant was dismissed as withdrawn vide order dtd. 10/5/2024 passed in M.Cr.C. No.18225/2024 with liberty to renew the prayer after filing of the charge sheet before the trial court.

(3.) Prosecution story, in brief is that the co-accused Tushar is proprietor of M/s Rutu Enterprises, Pune (Maharashtra). Madhya Pradesh Rural Road Development Authority, Bhopal had invited a tender on 2/2/2018 for construction of road from Maheshwar to Karahi via Maheatwada, Bablai for Rs.1664.64 lacs and on 27/7/2018 for construction of bridge at Veda River for Rs.991.27 lacs. Co-accused Tushar's offer was accepted being the lowest bid and he had furnished 19 bank guarantees from Indian Bank branch at Pune (Maharashtra) for Rs.1,81,79,000.00; 2 bank guarantees from State Bank of India for a total amount of Rs.5,37,32,000.00. Thereafter, agreement was executed and work order was issued in favour of the co-accused. On 6/5/2019, Indian Bank branch Pune had intimated that the aforementioned bank guarantees are fake. On 27/5/2019, the co-accused Tusahar and applicant had submitted running bills to adjust the amount of fake guarantees. It was also found that the aforementioned bank guarantees had not been issued by both the aforementioned banks therefore, the matter was reported to the police.