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Allahabad High Court · body

2015 DIGILAW 1061 (ALL)

Satish Chandra (Dr. ) v. State of U. P.

2015-05-01

A.P.SAHI

body2015
JUDGMENT Amreshwar Pratap Sahi, J. Heard learned counsel for the applicant and Sri Anurag Khanna for the C.B.I. 2. The charge against the applicant is that the distribution of cash amounts to the Auxiliary Nurse-cum-Midwife to the tune of Rs.10,30,000/- has been referred to and it has also been alleged that the applicant along with Deepak Kumar, the Lower Division Clerk proceeded to disburse the amount without there being any entry of the said amount in the cash book. The applicant has surrendered on 2.1.2015. The applicant's counsel has made an offer at the very outset that the applicant being a government servant is not likely to abscond nor has he misused his office in any way and even otherwise he will deposit the proportionate amount of the loss alleged to have been caused as per the charge sheet. 3. The Apex Court in the case of Dr. Prem Prakash Verma passed the following order : - "ITEM NO.2 COURT NO.6 SECTION II SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).4863/2014 (Arising out of impugned final judgment and order dated 16/05/2014 in CRMA No.36417/2013 passed by the High Court of Judicature at Allahabad) PREM PRAKASH VERMA Petitioner(s) VERSUS CENTRAL BUREAU OF INVESTIGATION Respondent(s) (With Appln.(s) for Bail and Permission to file Additional Documents and Office Report) Date : 24/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Huzefa Ahmad, Sr. Adv. Mr. Nagendra Singh, Adv. Mr. Vishwa Pal Singh, Adv. For Respondent (s) Mr. Tushar Mehta, ASG Mrs. Ranjana Narayan, Adv. Mr. T.A. Khan, Adv. Mr. B.V. Balaram Das, Adv. UPON hearing the counsel the Court made the following O R D E R The National Rural Health Mission Scheme (NRHM) was launched with a view to providing accessible, adequate, affordable, accountable and reliable health care to all persons particularly the vulnerable people residing in remote areas. On 15.12.2011 in Public Interest Litigation Petitions filed before the Allahabad High Court, the Allahabad High Court gave a direction to the Central Bureau of Investigation (CBI) to conduct an inquiry in the execution and implementation of NRHM Scheme. Allahabad High Court further directed that if prima facie, commission of cognizable offence is found, then a case be registered. On 15.12.2011 in Public Interest Litigation Petitions filed before the Allahabad High Court, the Allahabad High Court gave a direction to the Central Bureau of Investigation (CBI) to conduct an inquiry in the execution and implementation of NRHM Scheme. Allahabad High Court further directed that if prima facie, commission of cognizable offence is found, then a case be registered. In pursuance of these directions, inquiry was conducted and on 23.03.2012, the CBI registered an FIR against the petitioner, the then Chairman of the 2 Purchase Committee and also the Chief Medical Officer and others under Sections 420/467/468/471/477A read with Section 120B of the Indian Penal Code (IPC) and Section 3(2) read with Section 13(1) (d) of the Prevention of Corruption Act. On 14.02.2013, the CBI filed charge-sheet against 12 persons which included the petitioner under Sections 120B an 420 of the IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act. It is inter alia the case of the prosecution that the Purchase Committee which was headed by the petitioner purchased Iron Folic Acid tablets at Rs.26 paise per tablet, which was available in the open market at Rs.6 paise per tablet. This resulted in the loss of Rs.11,07,692/- to the Government. The petitioner surrendered before the trial court on 23.10.2013 and ever since he is in judicial custody. The petitioner filed bail application before the Allahabad High Court. The Allahabad High Court by the impugned order rejected the petitioner's bail application and hence, the petitioner has filed the present special leave petition. We have heard Mr. Huzefa Ahmadi, learned senior counsel for the petitioner, at some length and learned senior counsel for the CBI. Learned senior counsel for the petitioner points out that several persons who are similarly placed have been released on bail by the High Court. A chart showing the details in that regard is submitted in the Court today. After perusing the same, we find the statement to be correct. Inasmuch as the similarly situated persons have been released on bail, we think that the petitioner shall also be released on bail. It is also necessary to note that the charge sheet is already filed in the case and the petitioner is in jail for about 11 months. In the circumstances, the petitioner Dr. Inasmuch as the similarly situated persons have been released on bail, we think that the petitioner shall also be released on bail. It is also necessary to note that the charge sheet is already filed in the case and the petitioner is in jail for about 11 months. In the circumstances, the petitioner Dr. Prem Prakash Verma is directed to be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned on the following conditions : 1. The petitioner shall not tamper with the prosecution evidence; 2. The petitioner shall not pressurize the prosecution witnesses; 3. The petitioner shall appear on the date fixed by the trial court; 4. The petitioner shall deposit an amount of Rs.2,00,000/- (Rupees two lac only). Learned counsel for the petitioner states that the amount of Rs.2,00,000/- (Rupees two lac only) will be deposited within a period of four weeks from today. On such deposit being made, the 3 trial court shall invest the said amount in any nationalized bank on usual terms. In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled. The special leave petition is disposed of. (Gulshan Kumar Arora) (Indu Pokhriyal) Court Master Court Master" 4. In view of the submissions so raised and the fact that the Auxiliary Nurse-cum-Midwife who are co-accused with the applicant have been granted bail, the applicant who has made a voluntarily offer to deposit the proportionate amount deserves to be enlarged on bail. 5. Let the applicant Dr. Satish Chandra, involved in Case Crime No.RC1202013A0018, under Sections 120-B r/w Sections 409, 477A IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act and substantive offences under Sections 409, 477A IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, P.S. C.B.I./SPE/Ghaziabad, District Ghaziabad, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned on the following conditions : - 1. The applicant shall not tamper with the prosecution evidence; 2. The applicant shall not pressurize the prosecution witnesses; 3. The applicant shall appear on the date fixed by the trial court. 4. The applicant shall deposit his passport with the trial court. 6. The applicant shall not tamper with the prosecution evidence; 2. The applicant shall not pressurize the prosecution witnesses; 3. The applicant shall appear on the date fixed by the trial court. 4. The applicant shall deposit his passport with the trial court. 6. In addition to the above, the applicant shall deposit Rs.5,00,000/-, which is the amount of loss caused to the State Exchequer because of the acts of the applicant, by way of a draft in the name of the trial court within four weeks from the date of his release. The amount shall be invested in fixed deposit scheme in a nationalized bank and shall be renewed from time to time till the termination of the trial. The deposit so made, shall be subject to the final decision of the trial court. 7. In case of default of compliance with any of the conditions enumerated above, the order granting bail shall stand cancelled automatically. This bail application stands allowed on the aforesaid terms.