ISLAM MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application has been filed under section 438 Crimial P.C. for grant of pre-arrest bail. The earlier one was rejected on 14.6.93. This second application has been moved by the petitioner on new facts, which have come to his knowledge. The petitioner has filed a copy of factual statement, prepared by Senior Deputy Accountant General (Works) Rajasthan. From this report, it appears that the Chief Engineer, PHED has placed a supply order with M/s. Amarnath Enterprises (P.) Ltd. Singapore for supply of Carbon Steel in size of 8 mm to 32 mm and plane bars in the size of 6 mm.

(2.) It was also mentioned in the said report that the aforesaid firm dispatched 1338 bundles of Steel bars weighing 1359.956 tonns. However, when the delivery was taken neither the material was weighted nor the pieces in each bundle were counted and the payment was made to the firm. From the report, it also appears that the bundles of Steel bar were re-arranged and forwarded to five division stations i.e. Jaipur, Kota, Bikaner, Jodhpur and Neem-ka-Thana through Railway. At the time of taking delivery from the Railway, there was an over all shortage of 32.533 tonns. In para No. 7 of the report it has been mentioned :

(3.) In these circumstances, this Court had directed the I.O. to be present in Court to explain the position. After taking several adjournments, he appeared on 5.1.94. He was supplied with a copy of the above factual statement prepared by Senior Deputy Accountant General (Works) as well as a copy of the civil suit. He was asked to remain present on the next date of hearing. The matter was taken on 20.1.94 and on that day the I.O. could not properly explain the matter and the learned P.P. sought time to explain the matter after seeking the case diary and discussion of the matter with I.O.