SANJAY SINGH Vs. CBI

JUDGEMENT

(1.) ACCUSED Sanjay Singh is in appeal before this court against his conviction and sentence for the commission of offence punishable under Section 201 of the Indian Penal Code passed by learned Special Judge CBI, Shimla in Sessions Trial No26 -S/7 of 2009 on 14.1.2013. He was tried for the commission of offence, punishable under Sections 120 -B, 420, 468, 471 and 201 of the Indian Penal Code alongwith his co -accused V.K. Sharma (since deceased). The accused is a contractor by profession. He was awarded the construction work of Dhara -Khangteri link road under "Pardhan Manatri Gram Sarak Yojna" by the office of Chief Engineer, HPPWD (South), Shimla. He had to furnish bank guarantees, i.e. performance security to the tune of Rs. 19,62,908/ - and bank guarantee of Rs. 37,00,000/ -, to claim the payment in advance. His co -accused deceased V.K. Sharma was the Manager of Rohroo branch of UCO Bank. The accused approached said V.K. Sharma for issuance of bank guarantees. They both hatched criminal conspiracy and in furtherance of such conspiracy deceased accused V.K. Sharma issued the bank guarantees without processing the matter as per the prescribed procedure and charging commission etc. Thus, both of them cheated the bank and thereby caused loss to the bank and obtained wrongful gain to themselves. The convict produced the alleged forged bank guarantees in the office of Executive Engineer, HPPWD, Rohroo, a pre -requisite to the award of the work.

(2.) AT a later stage, some suspicion arose qua authenticity and genuineness of the bank guarantees. The PWD authorities, therefore, sought clarification from deceased V.K. Sharma in this behalf. He, in turn, informed the department that the bank guarantees were genuine, allegedly knowing fully well that the same were fake and fictitious. On further inquiry got conducted by the Public Works Department through Head Office of the UCO Bank, it transpired that such bank guarantees were never issued by Rohroo Branch of the Bank. The bank authorities, therefore, reported the matter to Central Bureau of Investigation. On the basis of the report so lodged, FIR Ext.PW19/A came to be registered against the convict and his co -accused V.K. Sharma in CBI Police Station, Shimla.

(3.) ON conclusion of the trial, no case under Sections 120 -B, 420, 468 and 471 IPC was found to have been made out against accused Sanjay Singh. He, however, has been convicted under Section 201 IPC and sentenced to pay fine to the tune of Rs. 1,00,000/ -, failing which to undergo simple imprisonment for four months.