SURESH CHANDRA JAIN Vs. THE STATE OF JHARKHAND THROUGH C.B.I.
LAWS(JHAR)-2016-7-151
HIGH COURT OF JHARKHAND
Decided on July 27,2016

SURESH CHANDRA JAIN Appellant
VERSUS
The State Of Jharkhand Through C.B.I. Respondents

JUDGEMENT

Anant Bijay Singh, J. - (1.) The instant bail application is arising out from the R.C. Case i.e. R.C. 13(A)/2014-R under Section 120B read with Sections 420, 468 and 471 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, pending in the court of learned Special Judge, C.B.I., Ranchi.
(2.) As per prosecution case one Sri Manoj Kumar, DGM (Vigilance), MECON Ltd., Ranchi, Jharkhand submitted a complaint to the Superintendent of Police, C.B.I., ACB Branch, Ranchi alleging therein that one Sri Suresh Chandra Jain, DGM (Scientific), MECON, Ranchi (petitioner) had submitted unauthorized letters/reports pertaining to the Integrated Steel Plant of M/s. Bhushan Power & Steel Limited (BPSL) to Rengali, Odisha in conspiracy with one Rajesh Das, DGM (SMS), MECON, Ranchi. It is alleged that MECON has been providing design, engineering and consultancy services to M/s. Bhushan Power & Steel Limited (BPSL) for their steel plant at Rengali, Odisha for preparation of reports on Environmental Impact Assessment (EIA)/Environmental Management Plan (EMP) as well as Techno-Economic Feasibility Report (TEFR) for their 2.8 MTPA Expansion of their Integrated Steel Plant at Rengali, Odihsa. While the above ELA/EMP Report was completed by MECON in March 2012, the Techno-Economic Feasibility Report could not be completed mainly due to non-availability of detailed information and data to be provided by M/s. Bhushan Power & Steel Limited. A number of communication were received from various banks seeking confirmation in respect of certain reports/letters pertaining to the Integrated Steel Plant of M/s. Bhushan Power & Steel Limited at Rengali, Odisha, which was submitted to them, but purportedly signed by Dr. S.C. Jain, DGM, MECON, Ranchi. Upon perusal of copies of above said letters/reports received from various banks, the MECON confirmed that the above said letters/reports have not been prepared or submitted by or on behalf of MECON to any client or agency. The matter was informed inter-alia to respective banks and to the Economic Advisor, Ministry of Finance, New Delhi. On the basis of these allegations, the instant case has been instituted.
(3.) Learned counsel for the petitioner, while pressing this bail application, has admitted the fact that the petitioner Suresh Chandra Jain at the relevant time working as DGM (Scientif), MECON, Ranchi. The allegation against him is that he in connivance with other accused have prepared reports on Environmental Impact Assessment, Environmental Management Plan as well as Techno-Economic Feasibility Report of Phase-VI, which was forged and fabricated and never prepared by MECON. It is submitted that during course of investigation, house of the petitioner was searched and CBI had taken over hard disks and computers and during course of investigation, he was thrice interrogated by the CBI officers, but CBI does not pray for his arrest, as petitioner has fully cooperated in the investigation and final form has been submitted and also cognizance has taken.;


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