Prashant Kumar, J. - (1.) ANTICIPATORY bail application filed by Subir Ghosh, Bibhash Chandra Maji, Tarunkanti Bandyopadhyay @ Tarunkanti Bandhopadhayay, is moved by Sri Indrajit Sinha, learned Counsel for the Petitioners and opposed by Md. Mokhtar Khan, learned Additional P.P. for the C.B.I.
(2.) AS per order dated 27.09.2010, C.B.I. has filed its counter affidavit on 29.10.2010. In the said counter affidavit C.B.I. has categorically stated at paragraph No. 5 that DGR had neither recommended for initiation of suitable action against the ESM company nor canceled the sponsorship of the said ESM company. It is further stated in paragraph No. 6 that none of the Directors of DGR, New Delhi had carried out random spot checking as per the MOU. It is stated that for the said purpose C.B.I. has recommended for taking action against the Directors of DGR. In the entire counter affidavit no where it is stated that there was any agreement between Petitioner and ESM company for committing the present crime. On query, Mr. Mokhtar Khan, after going through the case diary, has not been able to show any evidence that Petitioners and Directors of ESM company had ever conspired for committing present crime. However, it is submitted by Mr. Khan that since the Petitioners gave certificate that the work of ESM company is satisfactory, therefore, it can be presumed that they entered into conspiracy with the ESM company. It is also submitted by Sri Khan that it is the obligation of Petitioners to ensure compliance of MOU. The aforesaid contention appears to be misconceived. At paragraph No. 7 of the MOU, it is clearly mentioned that DGR will make random check up to ensure compliance of the terms and conditions laid down in the MOU. It is also mentioned in the MOU that if the DGR will found anything invariance with the MOU provisions, his office will inform CIL for initiating suitable action against the ESM company. As noticed above, it is admitted by C.B.I. that DGR has not made any random check up nor recommended for cancellation of sponsorship. Considering the aforesaid facts and circumstances, I allow this application and direct the Petitioners to surrender in the court below by 8th 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 1st ­cum ­Special Judge, CBI, Dhanbad, in connection with RC 07(A)/ 09 ­D, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.;