Authority: Supreme Court of India (Criminal Appellate Jurisdiction)

Order Date: 16 October 2026

Case Overview

  • Appellants: Mahesh Chandra Joshi and Mukesh Pathak; Respondent: State of Rajasthan.
  • Both appeals arise from Special Leave Petitions (Criminal) No. 15822/2026 and No. 15862/2026, heard on 12 October 2026.
  • The underlying FIR No. 245/2024 was registered on 30 October 2024 for offences under the Prevention of Corruption Act, 1988 (Sections 7(c), 9, 10, 12, 13(1)(a) read with 13(2), 12) and IPC (Sections 409, 466, 467, 468, 471, 477A, 120B).
  • Preliminary Enquiry No. 06/2024 (registered 18 January 2024) investigated alleged irregularities in tenders floated by the Public Health Engineering Department (PHED), Government of Rajasthan, under the "Jal Jeevan Mission".
  • Allegations: Two proprietorship concerns – M/s Shri Ganpati Tubewell Company (owned by Mahesh Mittal) and M/s Shree Shyam Tubewell Company (owned by Padam Chand Jain) – colluded with PHED officials and private individuals to submit forged work‑completion certificates and letters of acceptance purportedly issued by IRCON International Limited.
  • The firms participated in 237 tenders (68 by Ganpati, 169 by Shyam) and, using the fabricated IRCON credentials, emerged as the lowest bidders, securing work orders in 104 tenders (31 tenders valued at Rs 859.2 crore and 73 tenders valued at Rs 120.25 crore), aggregating to Rs 979.45 crore.
  • The High Court of Rajasthan, Jaipur Bench, rejected regular bail applications of both appellants.
  • Chargesheets: Chargesheet No. 80/2026 filed on 12 April 2026 against Mukesh Pathak; Supplementary Chargesheet No. 80‑B/2026 filed on 29 June 2026 against Mahesh Chandra Joshi. The prosecution’s case rests on documentary and electronic evidence (tender files, bid evaluation minutes, official notesheets, IRCON correspondence, bank statements, forensic mobile reports, call detail records, intercepted conversation transcripts).
  • Both appellants have previously been granted bail in related proceedings: Joshi (senior citizen, 72 years) was released on regular bail on 3 December 2025 in a PMLA case involving a Rs 50 lakh transfer to M/s Sumangalam Landmark LLP; Pathak was granted regular bail by a Special Judge (CBI) on 27 January 2026 in CBI case No. RC2172024A0008 concerning the same forged IRCON certificates.
  • The case involves 22 accused, three chargesheets, 124 prosecution witnesses, and 192 documents spanning roughly 20,000 pages. Charges have not yet been framed and the trial is pending.
  • Several co‑accused have already been granted interim bail (e.g., Arun Srivastava on 1 June 2026; Shubhanshu Dixit and Sanjay Badaya on 29 September 2026).

Final Outcome

  • The Supreme Court set aside the High Court’s denial of bail and directed that Mahesh Chandra Joshi and Mukesh Pathak be released on bail in connection with the subject FIR, subject to the following conditions:

a. Surrender passports to the trial court and obtain permission before leaving India.

b. Appear before the Investigating Officer when called and cooperate with ongoing investigation.

c. Refrain from any inducement, threat, or promise to any person acquainted with the case facts and from tampering with evidence.

d. Appear regularly and punctually before the trial court on each hearing date unless exempted for justified cause.

  • The trial court may cancel bail and pass appropriate orders if any condition is breached.
  • The order is confined to bail considerations and does not express any opinion on the merits of the underlying corruption allegations.

Topics: Bail, Corruption, Public Procurement