Coal scam: Court imposes Rs 200,000 fine for violating bail condition

A special court has imposed a fine of Rs 200,000 on a director of Adhunik Corporation Ltd, accused in a coal scam case, for violating bail conditions by going abroad without its prior permission.

However, Special CBI Judge Bharat Parashar did not cancel the bail after the accused — Mahesh Kumar Agarwal — tendered "unconditional apology" with an undertaking that no such occasion will arise in future, and the Judge directed him to deposit the fine amount in 'Kerala Chief Minister's Distress Relief Fund'.

The firm, Agarwal and its another director Nirmal Kumar Agarwal are facing trial for the alleged offence punishable under sections 420 (cheating), 471 (using as genuine a forged document) and 120-B (criminal conspiracy) for the alleged irregularities in allocation of Patrapara coal block in Odisha to the firm.

Advoate Vijay Agarwal, appearing for Mahesh, told the court that from December 23, 2016 to January 5, 2017 the accused had "indeed gone to Australia without taking prior permission from the court." "Counsel very fairly admitted that this is a violation of bail condition by accused and accused tenders unconditional apology in this regard with the undertaking that no such occasion will arise in future," the court noted.

Public prosecutor V K Sharma and advocate Tarannum Cheema, appearing for CBI, told the court that the accused had violated the bail conditions and he required to be put behind bars after cancelling his bail.

"Considering the facts and circumstances of the case coupled with the submissions made and in the interest of justice, I deem it appropriate to grant one opportunity to accused M K Aggarwal and hereby condon the aforesaid act of accused with the direction that he shall deposit a sum of Rs two lakh in Kerala Chief Minister's Distress Relief Fund," the court said.

The court had on January 15, 2016 granted bail to the accused persons on a personal bond of Rs one lakh each with one surety of like amount after they appeared before it on pursuance of its summons issued against them.

The court had summoned the firm and its two directors for alleged offences under sections 120-B, 420, 468 (forgery for the purpose of cheating) and 471 of the IPC after taking cognisance of CBI's charge sheet.

In its charge sheet, the CBI said the 30th Screening Committee had recommended M/s Adhunik Corporation Ltd for part allocation of Patrapara coal block.

"During the course of investigation, it was found that M/s Adhunik Corporation Ltd had misrepresented on various aspects both to Ministry of Steel and thereby to Ministry of Coal with a view to cheat them so as to procure allocation of Patrapara coal block," CBI had said in its charge sheet.

While taking cognisance of the charge sheet, the court had discharged another director of the firm, Ghanshyam Das Agarwal, who was also charge-sheeted by CBI in the case, saying there was no sufficient incriminating evidence on record which could lead to his summoning as an accused in the matter.