IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.6343 of 2011
Suresh Tyadi ..... Petitioner
Versus
The Union of India through CBI .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate
For the CBI : MD. Mokhtar Khan (CBI)
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4/27.9.2011
Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
Petitioner has been made accused for the offence under Sections 120B,
420, 467, 468 and 471 of the Indian Penal Code and Section 13(2) read with
Section 13(1)(d) of the Prevention of Corruption Act, 1988, in connection with RC
6/2009/EOU-VII of 2009.
The case relates to supply of Dolomite to the Bokaro Steel Plant and from
the FIR, it appears that Silica content thereof should be less than 1.5 %.
So far as this petitioner is concerned, the petitioner is the Chemical Analyst,
being the Manager of M/S. Superintendence Company India (P) Ltd, the Company
which analysed the Silica Contents of the Dolomite and the allegation against this
petitioner is to give favourable report about Dolomite which was not correct and
consequent thereto, the Company suffered a huge monetary loss.
Learned Counsel for the petitioner submitted that petitioner has been
falsely implicated in this case. It has further been submitted that the entire FIR or
in the Charge-sheet submitted against the petitioner, there is no mention about the
fact that there was any wrongful gain by this petitioner for giving the alleged false
report. Learned counsel accordingly prayed for bail submitting that there was no
mens ria, and the report of the Chemical Analysis may vary from one place to
another.
Learned Standing Counsel of the CBI on the other hand opposed the
prayer for bail stating that there is direct allegation against this petitioner to have
submitted favourable report in collusion with the Officers of the Company.
In the facts and circumstances of the case, particularly in view of the fact
that there is no allegation of any wrongful gain to this petitioner for submitting the
alleged favourable report, I am inclined to release the petitioner on bail.
Accordingly, the petitioner Suresh Tyadi is directed to be released on bail, on
furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties
of like amount each to the satisfaction of learned Additional Sessions Judge, CBI,
Dhanbad, in connection with RC 6/2009/EOU-VII of 2009.
(H. C. Mishra, J)
R.Kumar