The Supreme Court granted regular bail to Mahesh Chandra Joshi and Mukesh Pathak in the Jal Jeevan Mission tender case in Rajasthan. A Bench of Justice Dipankar Datta and Justice Sheel Nagu set aside the Rajasthan High Court order that had refused them relief.
Background
The case stems from FIR No. 245/2024, registered on 30 October 2024 by the Anti-Corruption Bureau, Jaipur. It followed a preliminary enquiry into alleged irregularities in tenders floated by the Public Health Engineering Department under the Jal Jeevan Mission.
The prosecution alleges that two proprietorship firms, working with public servants and private individuals, took part in 237 tenders using forged work completion certificates and acceptance letters attributed to IRCON International Limited. It claims the firms secured work orders in 104 tenders worth about Rs 979.45 crore. The High Court rejected both bail applications on 13 August 2026.
The Bench said it would not examine the merits of the case. Pleas on successive FIRs, double jeopardy, Section 17A of the Prevention of Corruption Act and the legality of Joshi’s arrest were left open. On the seriousness of the allegations, the Court observed:
“There can be no gainsaying that allegations of large-scale financial impropriety and institutional collusion in the execution of a public welfare project such as the ‘Jal Jeevan Mission’ are grave and warrant serious scrutiny. We think, the State is justified in opposing the grant of bail to persons accused of involvement in such extensive criminal activity. Nevertheless, the gravity of the allegations, however serious, cannot by itself eclipse all other considerations governing the grant of bail or justify indefinite pre-trial detention.”
The Court noted that investigation against both appellants is complete and chargesheets have been filed. The case rests mainly on documents and electronic records already in the agency’s custody, so custodial interrogation is no longer needed and the risk of tampering is largely reduced.
Joshi, a 72-year-old senior citizen, has been in custody in this case since 7 May 2026. He had earlier spent over seven months in custody in the connected money laundering case before this Court granted him bail on 3 December 2025. Pathak has been in custody since 18 February 2026 and already has bail in the CBI case and the money laundering case.
The Court also pointed to the size of the trial, with 22 accused, 124 witnesses and 192 documents running to about 20,000 pages. Charges have not been framed. Several co-accused have also been released on bail.
The Bench held:
“Viewed in the totality of the aforesaid circumstances, we are satisfied that further pre-trial incarceration of the appellants is neither warranted nor necessary, and that any legitimate apprehension of the prosecution can be adequately safeguarded by imposing appropriate conditions.”
Both appellants were directed to be released on bail on furnishing bonds and sureties to the trial court’s satisfaction. They must surrender their passports, not leave India without permission, cooperate with the investigation, avoid influencing witnesses and appear regularly before the trial court.
The trial court may cancel bail if conditions are breached.
The appeals were allowed.
