(1.) Since all the five aforesaid revision applications arising out of the same case were heard together and are being disposed of by this common order. All these applications were initially filed against the order dated 8.3.2013 passed by Special Judge, C.B.I, Ranchi in R.C. No.14(A) of 2009-AHD-R whereby prayer for discharge had been rejected. Subsequently, the order dated 29.4.2013 was challenged whereby charges have been framed under Section 120B read with Sections 420/477A of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Further they were charged under Sections 420 and 477A of the Indian Penal Code simpliciter.
(2.) Before adverting to the submissions advanced on behalf of the parties, case of the prosecution needs to be taken notice of.
(3.) It is the case of the prosecution that during course of investigation of R.C. No.11(A) of 2009-AHD-R registered against Dr.Pradeep Kumar, co-accused and others, the acts of criminal conspiracy on the part of these petitioners as well as said Dr. Pradeep Kumar came to light wherein it was found that Dr.Pradeep Kumar, IAS while functioning as Secretary to the Health Department, Government of Jharkhand, had entered into a criminal conspiracy during 2008-09 with Dr.Vijay Shanker Narayan Singh, the then State RCH Officer, Namkum, Ranchi, M/s. Bharat Engineering and Body Building Company Pvt. Ltd (BEBBCO), Jamshedpur and also with some other unknown persons. In furtherance of the said conspiracy, they by abusing their respective official position as public servants, fraudulently and dishonestly, ordered for the procurement of 72 chassis, out of the fund allotted for implementation of National Rural Health Mission Scheme from M/s. Tata Motors Ltd., Jamshedpur. After purchasing the chassis, it was given to M/s. Bharat Engineering and Body Building Company Pvt. Ltd.(BEBBCO) for its conversion into Mobile Medical Units (MMU)on the rates whicwere quite exorbitant which caused heavy pecuniary loss to the Government of India and corresponding pecuniary gain to themselves and/or to others. It got transpired that quotations were received for conversion of chassis into Mobile Medical Units. The firms which quoted their rates for conversion were M/s. Bharat Engineering and Body Building Company Pvt. Ltd.(BEBBCO) to which the petitioners Naveen Bhalotia, Krishna Bhalotia and Gajanand Bhalotia are the Directors, M/s. Crown Industries and M/s. Bharat Automobiles Pvt. Ltd. to which petitioner Nitish Bhalotia is the Director. Of them M/s. Bharat Engineering and Body Building Company Pvt. Ltd.(BEBBCO) had quoted its rate as Rs.47,000,00/- plus taxes for conversion of one chassis into Mobile Medical Unit. Since M/s. Bharat Engineering and Body Building Company Pvt. Ltd.(BEBBCO) was found lowest bidder, work was awarded to him.