NARENDRA SURANA Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Criminal Case Nos. 3062 of 1996, Chandrashekhar Dagaonkar v. State of M. P. , 3313 of 1996, Prabhakar Kale v. State of M. P. , 3379 of 1996, Rajendra Kumar Goel v. State of M. P. , 3425 of 1996, Manmohansingh Bais v. State of M. P. , 3435 of 1996, Ashok Kumar Baijal v. State of M. P. , 3441 of 1996, Ramesh Chandra Sankhla v. State of M. P. , 3442 of 1996, Jagdish Sharma v. State of M. P. and 3465 of 1996, Amritlal Patel v. State of M. P.

(2.) THESE are applications Under Section 439 of Criminal Procedure Code, 1973 (for short the Code) for grant of bail. The applicants-accused who are Government or semi-Government servants, contractors are indicted for crimes revolving around provisions of Sections 201, 409, 420, 467, 468, 471, read with Section 120-B of Indian Penal Code. Some of the applicants-accused who are Government servants are also being prosecuted for offences punishable under provisions of Sections 13 (1) (c), 13 (d), (ii), (iii) and 13 (2) of Prevention of Corruption Act, 1988 (hereinafter referred to as the Act for short ). The Government officers and the contractors are also charged for excess payment of running bills. The works of construction which are the cause behind these prosecutions are Subhash Nagar Complex, Vallabh Nagar Complex and road widening work.

(3.) SOME complaints were made alleging fraud, forgery and misappropriation in respect of the construction works mentioned above in the year 1978. The Government directed an enquiry which was conducted by Shri Modak (Officer on Special Duty ). He made report against one Mr. Agal and his subordinates. Shri Agal was indicted as an accused but unfortunately he expired. The applicants, Government, semi-Government servants worked as his subordinates during the relevant period for temporary period in accordance with their involvement in the said construction works as the part of their official duty. The contractors were the persons who executed the said construction works. One Shri Bais, Ex-Chief Engineer, made the enquiry as directed by the Government and submitted his report. In view of that report investigation started. Presently the investigating officer is Dr. Raman Sikarwar and after completion of the investigation he is to submit charge-sheet today in the Special Court, Indore.