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Allahabad High Court · body

2015 DIGILAW 1722 (ALL)

M. M. Mehrotra v. C. B. I.

2015-07-03

A.P.SAHI

body2015
JUDGMENT Amreshwar Pratap Sahi, J. Heard learned counsel for the applicant and Sri N.I. Jafri, learned counsel for the CBI on whose behalf a counter affidavit has already been filed. 2. The applicant who claims to be working in the Statistical Department as I.C.C. (A.R.O.), has been charged with the offence being involved in the conspiracy of the NRHM Scam. The allegation against the applicant is that he while working in the office of the Chief Medical Officer, Bijnor had maintained the fake records and indents for award of contracts in relation to supply of medicines at exorbitant rates. 3. The then Chief Medical Officer, Dr. B.R. Rathi involved in the same case approached the Apex Court after an application filed by him for quashing the proceedings under 482 Cr.P.C. before this court was rejected. The Apex Court in Special Leave to Appeal (Crl.) No. 917 of 2015 on 4th February, 2015 passed the following order: - "UPON hearing the counsel the Court made the following O R D E R Issue notice returnable within four weeks. Dasti, in addition, is permitted. In view of the stand taken by the learned counsel for the petitioner that the petitioner shall deposit a sum of Rs. 3,00,000/- (Rupees Three Lakhs) with the CBI Court within four weeks, we direct that the petitioner - Dr. B.R. Rathi shall not be arrested in connection with Special Case No. 28/2014, pending before the Special Judge, Anti-Corruption, CBI, Ghaziabad, U.P. until further order. However, he will cooperate with police/Investigating Officer". 4. Learned counsel for the applicant submits that the applicant being the coaccused in the same case and being a subordinate to Dr. Rathi is therefore now also entitled to be set at liberty. 5. Apart from this, involvement has been denied and the contention is that if he has worked under his superiors he cannot be charged with the conspiracy of having caused loss to the State Exchequer. 6. It appears from the bail rejection order as also the chargesheet that an approximate loss of Rs. 5 Lacs and odd is mentioned as part of the evidence in support of the chargesheet and has also been noticed in the bail rejection order. 7. Having considered the submissions raised and in view of the facts aforesaid, since the main accused Dr. 5 Lacs and odd is mentioned as part of the evidence in support of the chargesheet and has also been noticed in the bail rejection order. 7. Having considered the submissions raised and in view of the facts aforesaid, since the main accused Dr. Rathi has been set at liberty by the Apex Court on the terms and conditions mentioned therein, the proportionate amount of Rs. 2 Lacs also deserves to be deposited by the applicant before he is enlarged on bail. 8. Let the applicant M.M. Mehrotra, involved in Special Case No.28 of 2014, arising out from the F.I.R. in Crime No. R.C. 1202013A0019, P.S. CBI/ACB, Ghaziabad for the offence under Section 120-B, 409, 420, 467, 468, 471 & 477A IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 AND substantive offences under Sections 409, 420, 467, 468, 471 & 477A IPC, and section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 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. 9. In addition to the above, the applicant shall deposit Rs.2,00,000.00 (Rs. 2 Lacs), which is part of the amount of loss caused to the State Exchequer because of the alleged 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 a 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. 10. 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.