(1.) Vide this common order, CRM-M No.50771 of 2019 and CRM-M No.652 of 2020 are being decided.
(2.) In CRM-M No.50771 of 2019, petitioner-Vikas Sharma seeks grant of regular bail in case bearing FIR No.10 dated 21.06.2019 registered under Sections 409, 420, 465, 467, 468, 471, 120-B IPC and Section 7, 13(1)(A) read with Section 13(2) of the Prevention of Corruption Act at Police Station Vigilance Bureau, Mohali. In CRM-M No.652 of 2020, petitioner-Ajit Pal Singh Brar seeks grant of anticipatory bail in case being FIR No.10 dated 21.06.2019 registered under Sections 7, 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act and Sections 409, 420, 465, 467, 468, 471, 120-B IPC at Police Station Vigilance Bureau, Mohali.
(3.) The allegations contained in the FIR are that on 25.01.2010, a letter of acceptance was awarded to a joint venture formed by three companies i.e. M/s HGCL 52% share, M/s Niraj Cement Structurals Ltd. 24% share through Gulshan Chopra and M/s Supreme Infrastructure India Ltd. 24% share through Vikram Sharma co-accused. Government of Punjab through the Chief Engineer (PWD) floated a tender for 4-Laning of road/stretch of 26.900 kms. from Doraha to Ludhiana- Ferozepur road i.e. Southern byepass Ludhiana along with flyovers, underpass, railway over bridges and canal lining etc. Intended date of completion was 14.02.2012 which was to be revised from time to time. The work agreement was executed between PWD and the joint venture on 17.03.2010. Supreme Infrastructure was represented by Vikram Sharma. Performance securities were given as per provisions of instructions to bidder and general conditions of contract on 25.03.2010. These were given in the form of bank guarantees upto the extent of Rs.78,19,29,464/- (performance security of Rs.16,40,80,800/- and additional performance security of Rs.53,78,46,664/-). There was no dispute about the additional performance securities which were returned as per clause 34.1 of the ITB read with Clause 52.01 of general conditions of contract.