Ashok Kumar Singh V. The Union of India through CBI

A.B.A./2675/2023

AI Insights

The case involves Ashok Kumar Singh, a director of M/s Jai Mangla Fuels (P) Ltd and M/s Gaya Coke Co. (P) Ltd, who faced anticipatory bail proceedings concerning allegations of entering into a criminal conspiracy and causing financial loss to Central Coalfields Limited by diverting coal. The Central Bureau of Investigation (CBI) accused Singh of entering a Fuel Supply Agreement without effective manufacturing, leading to the sale of allotted coal in the open market. The prosecution argued that Singh submitted a false project report and managed fake documents. However, the defense highlighted that after a CBI raid, coal supply was temporarily suspended but resumed after the company submitted an explanation, suggesting the allegations of diversion were unfounded. The court, considering the submissions and the precedents cited, granted anticipatory bail to Singh.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 801230 (HC-JHARKHAND)
• Appeal Type: Others
• Pronouncement Date: 03-07-2023
• Assessment Year: misc
• Other Referred Cases: Satender Kumar Antil Vs CBI, Aman Preet Singh Vs CBI
• Laws Referred To: Indian Penal Code, Prevention of Corruption Act, Code of Criminal Procedure
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: ANIL KUMAR; CHANDANA KUMARI; NITISH SARTHI
• Assessee Lawyers: SUMEET GADODIA; SHILPI GADODIA
• Keywords: Anticipatory bail; Central Coalfields Limited; Criminal conspiracy; Fake and fabricated document; Fuel Supply Agreement; Manufacturing of soft coke
• Section: 13(2); 13(1)(d); 468; 420; 471; 120B; 438(2)

Judgement Text

" IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A No. 2675 of 2023 ------ Ashok Kumar Singh .... .... …. Petitioner Versus The Union of India through CBI .... .... .... Opp. Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Sumeet Gadodia, Advocate Ms. Shilpi Shandil Gadodia, Advocate For the CBI : Mr. Anil Kumar, ASGI Ms. Chandana Kumari, A.C. to ASGI Mr. Nitish Parth Sarthi, A.C. to ASGI ------ Order No.05 Dated : 03.07.2023 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 Sections 120B, 420, 468, 471 of the Indian Penal Code Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act pending in the Court of learned S.D.J.M. Ranchi, is pressed into motion. 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/- to the Central Coalfields Limited. 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 51and Aman Preet Singh Vs CBI, 2021 SCC Online SC 941, no further purpose would be served to arrest the accused. Learned Addl. S.G.I. appearing for the CBI has opposed the prayer for bail and submitted that the petitioner had submitted false project report of soft coke to Central Coalfields Limited authority and in pursuant of it, the petitioner managed fake and fabricated document. Having considered the rival submissions of learned counsel and taking into account the fact that the charge sheet has been submitted, the anticipatory bail application is allowed. Accordingly, the petitioner, above named, is directed to surrender before the learned Trial Court within a period of two weeks and in the event of his arrest or surrender, he shall be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors will be income tax payee. (Gautam Kumar Choudhary, J.) Anit "