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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3976 of 2010
with
A.B.A. No. 3977 of 2010
with
A.B.A. No. 4002 of 2010
with
A.B.A. No. 4001 of 2010
...
1. Rajinder Lal Tandon
@ Rajendra Lal Tandon ... Petitioner (in A.B.A. No. 3976/2010)
2. Yogender Kumar Wahi ... Petitioner (in A.B.A. No. 3977/2010)
3. Jagnandan Prasad Sud ... Petitioner (in A.B.A. No. 4002/2010)
4. Ashok Mukherjee ... Petitioner (in A.B.A. No. 4001/2010)
V e r s u s
Union of India through C.B.I. ... Opposite Party (in all cases)
...
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
...
For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate.
For the C.B.I. : Md. Mokhtar Khan, A.S.G.I.
...
07/25.02.2011
All the above four cases are heard together, as they arose from the
same F.I.R.
Heard Sri R.S. Mazumdar, learned senior counsel for the petitioners
and Md. Mokhtar Khan, learned counsel for the C.B.I.
At the outset, Sri Khan, submits that since the facts of these cases
are similar to A.B.A. No. 3133/2010 with A.B.A. No. 3134/2010 with
A.B.A. No. 3157/2010, therefore, C.B.I. adopts the counter affidavit filed in
that case. In the counter affidavit, it is alleged by the C.B.I. that the ESM
company, of which, petitioner nos 1, 2 & 3 are Directors of M/s Mansa
Devi Coal Transport Ltd., have failed to deploy 75% ESM and vehicles
owned by ESM for transportation of coal in BCCL during relevant period
and claimed transportation charges at par with ESM rate whereas
petitioner no. 4 is Accountant and Authorized representative of said M/s
Mansa Devi Coal Transport Ltd. However, Sri Khan, after going through
the case diary, has not been able to show any evidence substantiating
aforesaid allegations.
Considering the aforesaid facts and circumstances, I allow this
application and direct the petitioners to surrender in the court below by 9th
of March, 2011 and in the event of their surrender, the learned court below
is directed to enlarge them on bail on their furnishing bail bond of Rs.
10,000/(Ten Thousand) each with two sureties of the like amount each to
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the satisfaction of Additional Sessions Judge 1stcumSpecial Judge, CBI,
Dhanbad, in connection with RC 4(A)/2009D, subject to the condition as
laid down under section 438(2) of the Cr.P.C.
(Prashant Kumar, J.)
sunil/