Supreme Court Grants Interim Bail 'On Trial Basis' To Ex-Civil Servants In Chhattisgarh Coal Levy Scam Case

The Supreme Court today (March 3) granted interim bail to ex-civil servants Saumya Chaurasia, Ranu Sahu and other accused persons in the Chhattisgarh Coal Levy Scam Case. 

The bench of Justice Surya Kant and Justice NK Singh was hearing the challenge to the order of the Chhattisgarh High Court dated November 4, 2024, which dismissed the bail applications of the petitioners. 

The Court granted interim bail in order to maintain an equilibrium between the petitioners' personal liberty and the investigating agency's efficient administration. 

"The release of the petitioners on interim bail is on a trial basis, to strike a balance between liberty and fair investigation,"the Court observed. 

The petitioners have been charged with offences under S. 420, 384 and S.7(7), S.15 and S.12 of the Prevention of Corruption Act 1988. The petitioners have been accused of causing enormous losses to the state exchequer by abusing their official positions in aiding the main accused Suryakant Tiwari in collecting extortion money from Coal Transporters. The petitioners have also allegedly not been able to explain the source of assets which they have acquired.

The petitioners were arrested by the Enforcement Directorate in 2022 initially under the ECIR/ RPZ /09/2022 for offences under S.3 and S.4 of the PMLA read with S. 384 and S.120 IPC. The FIR against the petitioner was then registered on January 17, 2024 by the State Police. 

The Court noted that the investigation is ongoing and a supplementary chargesheet would be filed by the State within 2 months or so. 

The Counsel for the State mainly argued that considering the alleged abuse of official powers to cause loss to the public exchequer, the release of the petitioners on bail may cause further impediments. 

Senior Advocate Sidharth Dave(instructed by Advocate Harshwardhan Parganiha) appearing for the petitioners argued that most of the petitioners have been in custody for over 2 years, barring a few who have been in less than 1 year of custody. 

The Court directed the grant of interim bail considering that the trial would not be concluding anytime soon and that the investigation is also ongoing as a second chargesheet is to be filed by the agency. The relevant part of the order reads : 

"It is not in dispute that hundreds of witnesses have been cited and in view that a supplementary chargesheet will also be filed, there is no likelihood of concluding the trial in a reasonable time." 

"Taking into consideration the time-consuming process the investigation and without putting any burden on the investigation agency to conclude the investigation in a hasty manner, we deem it appropriate at this stage to release the petitioners on interim bail subject to the conditions on the satisfaction of the investigating agency and the trial court." 

"If any petitioner is found involved in influencing witnesses and/or tampering with evidence, or causing impediment in the investigation, the state would be at liberty to bring such instance on record with supporting material. In that event, the protection shall be withdrawn." 

" In other words, the release of the petitioners on interim bail is on a trial basis, to strike balance between liberty and fair investigation." 

The State is required to file a report on the conduct of the petitioners out on bail. The matter will now be heard after 6 weeks. 

Advocate Sriram Parakkat appeared for accused Deepesh Taunk.

Case Details : RANU SAHU vs. STATE OF CHHATTISGARH| SLP(Crl) No. 015941 - / 2024 and connected matters. 

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