VINOD ZUTSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the anticipatory bail applications are filed against the order dated 20.10.2011 passed by Sessions Judge, Jaipur Metropolitan, Jaipur and as such they are being decided by this common order.

(2.) These applications have been filed by the accused persons for grant of anticipatory bail in a matter where the learned Additional Chief Metropolitan Magistrate, No.4, Jaipur Metropolitan, Jaipur had accepted the protest petition filed by the complainant and summoned the applicants by way of nonbailable warrants, after taking cognizance against them on 09.09.2011.

(3.) The case of the prosecution is that in the city of Jaipur, there is a lake known as Mansagar which is about 400 years old. The said lake is an important historical and tourist point wherein a heritage building, namely Jal Mahal is situated. It was constructed in Sixteenth Century by the erstwhile ruler of Jaipur Maharaja Shri Man Singh with a total area of 750 bighas. The State Government had given it on lease of one rupee to Rajasthan Tourism Development Corporation for development of the lake Mansagar and Jal Mahal. In the year 2003, the State Government and the Rajasthan Tourism Development Corporation had invited tenders, in respect of said properties, for granting lease. In response to it, KGK Enterprises, Mumbai and Jal Mahal Project Pvt. Ltd., New Delhi had also submitted their tenders. KGK Enterprises, Mumbai was a partnership firm of which the co-accused Navratan Kothari is a working partner. M/s. Jal Mahal Project Pvt. Ltd. is another company of Navratan Kothari. Therefore, the co-accused Navratan Kothari had mischievously submitted tenders in two different names so as to make the tender procedure ineffective. Further the case is that KGK Enterprises, Mumbai, a partnership firm, was not technically eligible to take part in the tender because only private/ public limited companies could have done so. KGK Enterprises, Mumbai is a firm which deals with import and export of jewellery and it had no concern with environment and development of lakes.