- (1.) ALL the above four cases are heard together, as they arose from the same F.I.R.
(2.) 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 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.;