STATE OF MADHYA PRADESH Vs. SHEETLA SAHAI
LAWS(SC)-2009-8-125
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on August 04,2009

STATE OF MADHYA PRADESH Appellant
VERSUS
SHEETLA SAHAI Respondents





Cited Judgements :-

CENTRAL BUREAU INVESTIGATION VS. SOHAN LAL BISHNOI [LAWS(RAJ)-2014-1-87] [REFERRED TO (12)]
SIVA VALLABHANENI VS. STATE OF KARNATAKA [LAWS(KAR)-2018-5-12] [REFERRED TO]
AJAI KUMAR VS. STATE OF U.P. [LAWS(ALL)-2020-6-173] [REFERRED TO]
TULSIRAM VS. THE STATE [LAWS(KAR)-2015-8-159] [REFERRED TO]
GEETA DEVI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-5-27] [REFERRED TO]
M/S. FERTICO MARKETING AND INVESTMENT PVT , LTD , VS. CBI, ANTI CORRUPTION BRANCH, LUCKNOW [LAWS(ALL)-2021-3-71] [REFERRED TO]
BRIJRAJ DAS VAISHNAV S/O NANKU DAS VAISHNAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-8-38] [REFERRED]
RAJIV KUMAR AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-2-113] [REFERRED TO]
RAMAYAN YADAV VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2019-12-437] [REFERRED TO]
ABDUL LATIF ADAM MOMIN VS. UNION OF INDIA THROUGH CENTRAL BUREAU OF INVESTIGATION [LAWS(P&H)-2014-2-51] [REFERRED TO]
SARABJIT RAI VS. STATE OF PUNJAB [LAWS(P&H)-2015-2-506] [REFERRED TO]
NIRMAL SINGH KAHLON VS. STATE OF PUNJAB [LAWS(P&H)-2016-6-30] [REFERRED TO]
KETAN DESAI VS. STATE [LAWS(ALL)-2015-2-56] [REFERRED TO]
FERTICO MARKETING AND INVESTMENT PVT LTD VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(ALL)-2015-2-143] [REFERRED TO]
C V KRISHNAMURTHY, S/O C M VENKATARAMANA SETTY VS. STATE [LAWS(KAR)-2018-11-54] [REFERRED TO]
VINOD ZUTSHI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-11-5] [REFERRED TO]
STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE VS. K.N. NEHRU ETC. [LAWS(SC)-2017-7-70] [REFERRED TO]
SRILAKSHMI YERRA, IAS VS. STATE OF TELANGANA [LAWS(TLNG)-2021-9-47] [REFERRED TO]
RAJ KUMAR KEDIA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(CHH)-2011-4-6] [REFERRED TO]
SHIVANNA D HULGUR S/O LATE D S HULGUR VS. STATE BANK OF MYSORE [LAWS(KAR)-2018-10-294] [REFERRED TO]
AYUSH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-4-306] [REFERRED TO]
WAHEEDUL HASAN @ WAHEEDUL HAQUE VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-4-267] [REFERRED TO]
SATAYAVEER JHAKHAR VS. TAJ MOHAMMED RATHORE [LAWS(RAJ)-2013-4-45] [REFERRED TO]
H D KUMARASWAMY VS. STATE OF KARNATAKA [LAWS(KAR)-2015-7-443] [REFERRED]
GURMEET SINGH BAGGA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-10-24] [REFERRED TO]
SWAPAN KUMAR DAS VS. BANDANA KAR PURKAYESTHA [LAWS(TRIP)-2014-7-45] [REFERRED TO]
BHAWAN SINGH GARBYAL VS. STATE OF U.P. [LAWS(ALL)-2020-6-174] [REFERRED TO]
KRISHNA SHANKAR MEHTA VS. STATE CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2012-1-28] [REFERRED TO]
A MEENAKSHI SUNDARAM VS. ADDITIONAL SUPERINTENDENT OF POLICE [LAWS(MAD)-2014-8-183] [REFERRED TO]
AMITABH RAI SARMA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2019-5-149] [REFERRED TO]
T.R. NARAYANAN VS. STATE [LAWS(MAD)-2015-9-149] [REFERRED TO]
TUSHAR K. NATH AND ORS. VS. STATE [LAWS(MAD)-2015-9-167] [REFERRED TO]
PARAG MUKHERJEE VS. SALIL BHATTACHARYYA [LAWS(CAL)-2018-1-8] [REFERRED TO]
USHA RANI KALITA VS. STATE OF ASSAM [LAWS(GAU)-2011-9-64] [REFERRED TO]
SHATARUPA GHOSH @ SHATARUPA BRAHMA VS. STATE [LAWS(CAL)-2021-10-43] [REFERRED TO]
SUBHAMOY GUPTA VS. STATE OF ASSAM [LAWS(GAU)-2013-6-1] [REFERRED TO]
ACHARYA SARVESHVARANANDA AVADHUTA VS. THE STATE OF WEST BENGAL & ANR. [LAWS(CAL)-2017-11-8] [REFERRED TO]
SARAT CH. HAZARIKA VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-4-92] [REFERRED TO]
KRISHNA KUMAR DAS VS. UNION OF INDIA [LAWS(GAU)-2018-3-39] [REFERRED TO]
DHIRAJ BURMAN VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2014-1-32] [REFERRED TO]
CHANDAN MISHRA VS. THE STATE OF BIHAR [LAWS(PAT)-2016-11-12] [REFERRED TO]
BIJAY KUMAR AGARWAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-5-62] [REFERRED TO]
R N MISHRA RETD JUSTICE VS. STATE OF U P [LAWS(ALL)-2011-1-41] [REFERRED TO]
KRISHNA PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2014-3-20] [REFERRED TO]
NEERA YADAV VS. STATE [LAWS(ALL)-2010-12-73] [REFERRED TO]
RAMASHISH YADAV VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-9-163] [REFERRED TO]
IQBALSINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2021-1-24] [REFERRED TO]
MADHUKANT PATHAK VS. STATE OF JHARKHAND THROUGH VIGILANCE (ACB) [LAWS(JHAR)-2017-7-149] [REFERRED TO]
R. SHAJI VS. STATE OF KERALA [LAWS(SC)-2013-2-4] [REFERRED TO]
ANUP KUMAR LAKHOTIA VS. UNION OF INDIA [LAWS(JHAR)-2021-12-4] [REFERRED TO]
SEETA SOREN @ SITA SOREN VS. UNION OF INDIA THROUGH C.B.I. [LAWS(JHAR)-2017-8-68] [REFERRED TO]
ALOK KUMAR SINGH @ MUNNA SINGH VS. SANJAY SINGH [LAWS(JHAR)-2012-9-30] [REFERRED TO]
DR.RAMPRASAD MADHAVLAL PORWAL VS. ALKA KHAIRE AND OTHERS [LAWS(BOM)-2017-4-127] [REFERRED TO]
AMAL KUMAR JHA VS. STATE OF CHHATISGARH & ANR. [LAWS(SC)-2016-4-33] [REFERRED TO]
KRISHNA PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2014-2-33] [REFERRED TO]
JAI PRAKASH TIWARI VS. STATE OF UP [LAWS(ALL)-2010-9-20] [REFERRED TO]
P PANDIAN SUNDERRAJAN VS. STATE [LAWS(MAD)-2010-4-34] [REFERRED TO]
PRAKASH S/O. MURLIDHAR BHISHIKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-6-110] [REFERRED TO]
AJOY ACHARYA VS. STATE BUREAU OF INV. AGAINST ECO. OFFENCE [LAWS(SC)-2013-9-52] [REFERRED TO]
PROF. N.K. GANGULY VS. CBI NEW DELHI [LAWS(SC)-2015-11-14] [REFERRED TO]
ANUPAMA SINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(ALL)-2012-11-34] [REFERRED TO]
IQBALSINGH S/O MANAKSINGH SONI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2021-1-172] [REFERRED TO]
DHARAMVIR BHADARIAARUN KUMAR SINGH VS. UNION OF INDIA THROUGH S.P., C.B.I.STATE OF JHARKHAND THROUGH C.B.I. [LAWS(JHAR)-2012-2-15] [REFERRED TO]
SHIV PRAKASH TIWARI VS. STATE OF U P [LAWS(ALL)-2011-7-78] [REFERRED TO]
GENERAL OFFICER COMMANDING VS. CBI [LAWS(SC)-2012-5-2] [REFERRED TO]
N.V. SUBBA RAO VS. STATE, THROUGH INSPECTOR OF POLICE CBI/SPE, VISAKHAPATNAM [LAWS(SC)-2012-12-15] [REFERRED TO]
STATE OF M.P. VS. RAM MANOHAR PANDEY [LAWS(SC)-2014-12-44] [REFERRED TO]
UMAKANT GUPTA VS. UNION OF INDIA AND 3 ORS [LAWS(ALL)-2014-8-451] [REFERRED TO]
G.S.JAYAMOHAN VS. STATE OF KERALA [LAWS(KER)-2021-9-179] [REFERRED TO]
JIARUL MONDAL ALIAS JULHAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-3-122] [REFERRED TO]
JIARUL MONDAL ALIAS JULHAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-3-137] [REFERRED TO]
P CHIDAMBARAM VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2019-9-251] [REFERRED TO]
OM PRAKASH VS. CENTRAL BUREAU OF INVESTIGATION (CBI) [LAWS(DLH)-2017-9-2] [REFERRED TO]
ARUN GUPTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-12-31] [REFERRED TO]
R. SEETHAMBARAM AND OTHERS VS. STATE [LAWS(MAD)-2018-3-1245] [REFERRED TO]
LAXMI DEVI VS. STATE OF DELHI [LAWS(DLH)-2011-1-394] [REFERRED TO]
KANNAN VS. S.M. NOOR MOHAMED [LAWS(MAD)-2018-9-865] [REFERRED TO]
RAM CHANDER SINGH VS. CBI [LAWS(DLH)-2010-11-114] [REFERRED TO]
R C SABHARWAL VS. CENTRAL BUREAU [LAWS(DLH)-2010-1-238] [REFERRED TO]
GURCHARAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2009-9-45] [REFERRED TO]
SATISH KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-7-270] [REFERRED TO]
RAJESH CHAND JAIN, VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-8-56] [REFERRED TO]
DARSHAN LAL ARORA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2011-6-42] [REFERRED TO]
OM PRAKASH SHARMA VS. CBI [LAWS(DLH)-2012-3-205] [REFERRED TO]
ARVIND KUMAR JAIN VS. STATE OF RAJ. [LAWS(RAJ)-2015-2-97] [REFERRED TO]
RAJEEV KUMAR GOYAL @ RAJ KUMAR GOYAL VS. STATE [LAWS(DLH)-2014-8-29] [REFERRED TO]
JAIKRIT SINGH RATHORE AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-12-106] [REFERRED TO]
PANDIT PAPPU DUBEY VS. STATE [LAWS(DLH)-2012-1-26] [REFERRED TO]
ATCHUT MUCUND ALORNEKAR VS. CENTRAL BUREAU OF INVESTIGATION/ANTI CORRUPTION BUREAU [LAWS(BOM)-2012-8-154] [REFERRED TO]
RAM DASS PANWAR SON OF SH GHUNU RAM VS. STATE OF H P [LAWS(HPH)-2012-6-17] [REFERRED TO]
SAJJAN KUMAR VS. CBI [LAWS(DLH)-2013-7-210] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION ANTI-CORRUPTION BRANCH, MUMBAI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-11-38] [REFERRED TO]
ARUN KUMAR GURJAR VS. CBI [LAWS(DLH)-2013-9-563] [REFERRED TO]
PAPPU VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2014-10-96] [REFERRED TO]
INDU KHANNA & ORS. VS. STATE & ANR. [LAWS(DLH)-2012-3-724] [REFERRED TO]
ARUNA CHADHA VS. STATE OF DELHI [LAWS(DLH)-2013-7-353] [REFERRED TO]
ASHOK NANDA AND ORS. VS. THE STATE OF M.P. [LAWS(MPH)-2015-8-2] [REFERRED TO]
AKBAR AMIRALI KASAMBHAI JESANI VS. STATE OF GUJARAT [LAWS(GJH)-2016-6-185] [REFERRED TO]
K MURALI FORMERLY MANAGER STATE BANK OF MYSORE VS. STATE OF A P REP BY ITS SPECIAL P P FOR C B I CASES HYDERABAD [LAWS(APH)-2011-10-13] [REFERRED TO]
K. RATNA PRABHA VS. STATE OF TELANGANA [LAWS(APH)-2017-6-42] [REFERRED TO]
VIKAS KUMAR JHA, S/O LATE TEJ VS. STATE OF M.P. [LAWS(MPH)-2015-10-155] [REFERRED]
SHAKUR IBRAHIM SAMA VS. STATE OF GUJARAT [LAWS(GJH)-2018-1-51] [REFERRED TO]
MAYUR MUKUNDBHAI DESAI VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2018-10-31] [REFERRED TO]
PARESH LILADHARBHAI SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2018-10-212] [REFERRED TO]
K. L. KEER VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-7-18] [REFERRED TO]
VINOD KUMAR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(MPH)-2019-11-4] [REFERRED TO]
JAGDISH SINGH MEENA VS. SAGAR MOGIA [LAWS(MPH)-2020-1-103] [REFERRED TO]
DHARMENDRA GAUR VS. STATE OF MP AND ORS. [LAWS(MPH)-2015-9-6] [REFERRED TO]
YUNUSBHAI KADARBHAI SAJI VS. STATE OF GUJARAT [LAWS(GJH)-2016-8-13] [REFERRED TO]
SRI LANKA VENKATA SUBRAHMANYAM VS. THE STATE OF TELANGANA., REP. BY SPECIAL PP OF CBI, HYDERABAD [LAWS(APH)-2018-1-43] [REFERRED TO]
K MURALI N KRISHNA MURTHY VS. STATE OF A.P. REP.BY ITS SPECIAL P.P. FOR C.B.I [LAWS(APH)-2011-10-52] [REFERRED TO]
DILIPSINH KISHORSINH RAO VS. STATE OF GUJARAT [LAWS(GJH)-2018-1-552] [REFERRED TO]
RAJENDRA SINGH AND ANR VS. STATE OF MADHYA PRADESH AND ANR [LAWS(MPH)-2018-11-60] [REFERRED TO]
MUSHARRAF MOHD. KHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2016-5-77] [REFERRED TO]
VENKITACHALAM K R VS. STATE [LAWS(KER)-2011-9-36] [REFERRED TO]
GIRISHBHAI MAGANLAL PANDYA VS. STATE OF GUJARAT [LAWS(GJH)-2015-3-108] [REFERRED TO]
MOHAN LAL JOSHI AND ORS. VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2015-10-14] [REFERRED TO]
DR. K. (KAPULI) HARIBAN VS. STATE OF ORISSA (VIGILANCE) [LAWS(ORI)-2016-6-48] [REFERRED TO]
OMPRAKASH GUPTA VS. STATE OF M.P. & ORS. [LAWS(MPH)-2009-11-98] [REFERRED TO]
S N PRASAD AND ANOTHER VS. STATE OF M P [LAWS(MPH)-2011-7-154] [REFERRED]
ASHOK SHARMA VS. STATE OF M P [LAWS(MPH)-2013-12-277] [REFERRED TO]
CH. AMRITALINGAM VS. STATE [LAWS(ORI)-2016-6-61] [REFERRED TO]
S N PRASAD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2011-7-35] [REFERRED TO]
AJAY SHARMA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2011-7-27] [REFERRED TO]
RAM SINGH AHIRWAR VS. STATE OF M P [LAWS(MPH)-2011-2-137] [REFERRED TO]
AJOY ACHARYA VS. STATE BUREAU OF INVESTIGATION [LAWS(MPH)-2011-8-61] [REFERRED TO]


JUDGEMENT

S.B. SINHA, J. - (1.) LEAVE granted.
(2.) APPELLANT is before us being aggrieved by and dissatisfied with a judgment and order dated 12.01.2006 passed by a learned Single Judge of the Madhya Pradesh High Court allowing the criminal revision applications filed by the respondents herein arising out of the orders dated 21.12.1998 and 13.05.1997 passed by the Special Judge, Bhopal in Special Case No. 6 of 1997. The respondents herein were proceeded against for commission of offences under Section 13(1)(d)(2)(ii-iii) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act") and Section 120B of the Indian Penal Code, 1860. Before proceeding further, we may notice the positions held by the respondents herein. Respondent No. 1 Sheetla Sahai was Minister for Water Resources of the State of Madhya Pradesh. Respondent No. 2 D.V.S.R. Sarma and the respondent No. 7 S.W. Mohgoankar were the Secretary to the Government of Madhya Pradesh. Respondent No. 3 P.V. Srinivasaiyah was the Engineer-in-Chief and the respondent No. 4 A.S. Laxminarsimhaiya was the Deputy Secretary in the Government of Madhya Pradesh. Respondent No. 5 V.R.B. Gopal and the respondent No. 6 M.N. Nadkarni were the Chief Engineers, Hasdeo Bango Project. Respondent No. 11 R.P. Khare was the Secretary, Control Board for Major Projects.
(3.) APPELLANT under the aegies of the World Bank undertook construction of the Hasdeo Bango Masonry dam project. For the aforementioned purpose, the respondent Nos. 8, 9 and 10 herein, viz.,M/s Progressive Constructions Pvt. Ltd., M/s Prasad and Company, M/s SEW Construction Co. (hereinafter referred to as "the contractors") were awarded contracts in terms whereof they were required to excavate stones etc. from Therma Pahar Quarry, which was situate at only 12 kms. away from the site, for use of the stone to be extracted therefrom for construction of masonry spillway. One of the terms of the said contract is as under: "...The tenderer should satisfy himself regarding availability of the required quality and quantity of the materials, if any quarry is changed for any reason whatsoever, no claim shall be entertained on this account." In addition to the guidelines, a plan was also supplied to the contractors containing the following note: "the contractor shall extract materials from the approved sources and quarry areas to be designated by the engineer-in-charge for their particular contract group. They shall have no claim for any material collected elsewhere without having obtained the prior approval in writing of the engineer in charge. Such material shall become the property of the department unless approval to use the same is subsequently accorded by the engineer-in-charge, in which case, however, the contractor shall not be entitled for any extra rate or lead." ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.