ASHOK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with R.C. Case No. 05(A)/2012-R of 20 for the offence registered under Ss. 120B, 420, 468, 471 of the Indian Penal Code Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act pending in the Court of learned S.D.J.M. Ranchi, is pressed into motion.

(2.) The prosecution case, in brief is that petitioner is one of the Director of M/s Jai Mangla Fuels (P) Ltd and M/s Gaya Coke Co. (P) Ltd. which is in the business of manufacturing of soft coke from coal being supplied by Central Coalfields Limited under Fuel Supply Agreement. The main allegation against the petitioner is that without having any effective manufacturing of soft coke, Fuel Supply Agreement was entered into between Central Coalfields Limited and the allotted coal was sold in the open market thereby causing loss to the tune of Rs.5,35,375.00 to the Central Coalfields Limited.

(3.) There is allegation that the petitioner had entered into criminal conspiracy with the officials of Central Coalfields Limited, but the charge sheet has not been submitted against any of such official with whom the petitioner is alleged to have entered into criminal conspiracy. After the CBI raid, coal supply was suspended by the Central Coalfields Limited for some time and show cause notice was issued to the petitioner. After explanation was submitted by the company, the supply of coal was resumed, which goes to show that the allegation of diverting coal to open market was not true. Lastly, it is submitted that after investigation, charge sheet has been submitted and in view of the ratio decided by the Hon'ble Apex Court in Satender Kumar Antil Vs. CBI reported in (2022) 10 SCC 51 and Aman Preet Singh Vs CBI, 2021 SCC Online SC 941, no further purpose would be served to arrest the accused.