- (1.) ALL the above three 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.
(2.) 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, petitioners are Directors of M/s Sidhi Coal Carriers Pvt. 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. However, Sri Khan, after going through the case diary, has not been able to show any evidence substantiating aforesaid allegations. 2. Considering the aforesaid facts and circumstances, I allow this application and direct the petitioners to surrender in the court below by 9 th 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 the satisfaction of Divisional Judicial MagistratecumSpecial Judicial Magistrate, CBI, Dhanbad, in connection with RC 4(A)/2009(R), subject to the condition as laid down under section 438(2) of the Cr.P.C.;