ORDER : Admit. 1. Call for the Lower Court Records in connection with R.C. Case No. 68(A)/1996 from the Court of Additional Judicial Commissioner-VII cum Special Judge (AHD), CBI-1, Ranchi. Learned counsel for the appellant submits that Lower Court Records of R.C. Case No. 68A/1996 has already been received in other criminal appeals preferred by co-convicts. 2. Heard learned counsel for the appellant and learned A.S.G.I. on the prayer for suspension of sentence made through I.A. No. 6260 of 2018 on medical grounds. 3. Appellant stands convicted for the offence under Section 120-B read with Sections 409, 420, 467, 468, 471 and 477-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs. 5,00,000/- in default of payment of fine to undergo simple imprisonment for 1 year in connection with R.C. Case No. 68(A) of 1996 by the learned Court of Additional Judicial Commissioner-VII cum Special Judge (AHD), CBI-1, Ranchi vide impugned judgment of conviction and order of sentence dated 24.01.2018. He has further been convicted for the offence under Section 13 (2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs. 5,00,000/- in default of payment of fine to undergo simple imprisonment for 1 year. 4. Earlier the appellant made a prayer for provisional bail through I.A. No. 1248 of 2018 on medical grounds. Pursuant to the order dated 09.02.2018, RIMS authorities submitted a report about his medical condition. The Medical Superintendent, RIMS, Ranchi through letter no. 354 dated 12th February, 2018 enclosed the report of the Assistant Professor of the Department of Cardiology, which was taken note of in the order dated 16.02.2018. As per the report, appellant has been diagnosed as a case of Multiple Myeloma on treatment, Ischaemic Heart disease, Post CABG status, BPH, B/L knee pain, Bleeding Per Rectum, Recurrent Respiratory Tract Infection and Urinary Tract Infection. He was having stable cardiac status at that time. For Myeloma Management, reference to Oncology Department was made. The Oncologist advice was to be followed up with AIIMS/Higher Center as Hematology Department was not available at RIMS. The RIMS authorities recommended the appellant for treatment at AIIMS, New Delhi/Higher Center. He was having stable cardiac status at that time. For Myeloma Management, reference to Oncology Department was made. The Oncologist advice was to be followed up with AIIMS/Higher Center as Hematology Department was not available at RIMS. The RIMS authorities recommended the appellant for treatment at AIIMS, New Delhi/Higher Center. The Appellant relied upon medical report of Medanta Hospital dated 19.02.2010; discharge summary along with medical report dated 7.11.2012; discharge summary along with medical report dated 10.07.2013 of Udayan Hospital, Patna; discharge summary dated 27.08.2013 from Medanta Hospital and medical prescriptions of different dates of the year 2013 from Medanta Hospital, Gurgaon. According to him, he has been suffering from a type of Bone Marrow Cancer, Multiple Myeloma. It has aggravated since the year 2014 and since then he was on Chemotherapy administered sometimes in a month and on occasions, multiple times in a month at the Medanta Hospital, Gurgaon, Haryana. The reports of different dates of June, August and December 2017 from the Medical Oncology of Hematology, Medanta Cancer Institute, Medanta, Gurugram, Haryana was enclosed as well. 5. This Court after taking note of the medical condition of the Appellant and the fact that he had been granted provisional bail on medical grounds in Criminal Appeal (S.J.) No. 838 of 2013 by order dated 25.10.2013, considered it proper to enlarge him on provisional bail for a period of 4 weeks. Appellant had undergone the doses of chemotherapy thereafter on 22.02.2018 and his provisional bail was extended by order dated 16.03.2018 taking into account that the next dose of chemotherapy was to be administered on 22.03.2018. Provisional bail was further extended by order dated 23.03.2018 as the next dose of chemotherapy was to be administered on 19.04.2018. The appellant prayed for further extension of the provisional bail enclosing the report of the Medical Oncology Department of Medanta Hospital through I.A. No. 3770 of 2018 stating that the next date of chemotherapy was 17.05.2018. Provisional bail was extended till 11.05.2018 by order dated 27.04.2018, while also observing that the appellant should bring on record proper opinion on the exact health status and stage of cure of the disease from the doctor treating him. Appellant, thereafter brought on record the opinion of the Chairman, Medical Oncology and Hematology, Medanta Cancer Institute through supplementary affidavit enclosed to I.A. No. 3770 of 2018. Appellant, thereafter brought on record the opinion of the Chairman, Medical Oncology and Hematology, Medanta Cancer Institute through supplementary affidavit enclosed to I.A. No. 3770 of 2018. The opinion showed that appellant was diagnosed as a case of Smoldering Multiple Myeloma [one stage before Active Multiple Myeloma] since 2014. His disease transformed in May, 2016 into active Multiple Myeloma requiring intervention, and hence, he was started on chemotherapy on weekly basis along with bone strengthening injection. Having achieved an initial response he was started on maintenance therapy with a specific drug with effect from December, 2016, which was continuing. It would continue as long as his disease does not show signs of worsening or he is unable to tolerate this medicine. The doctor opined that Multiple Myeloma is a treatable and not a curable disease. As per last assessment in March 2018, his disease remains active but is in “plateau phase.” He was administered next dose of chemotherapy on 17.05.2018. As such his provisional bail was extended till 22.06.2018. By order dated 29.06.2018 his provisional bail has been extended till 25.07.2018. 6. A supplementary affidavit has been filed by the appellant enclosing the report of Medical Oncology Team of Medanta Hospital, Gurgaon dated 16.07.2018. As per the discharge summary, he has been administered chemotherapy on 18.07.2018 and the next dose of chemotherapy is on 16.08.2018. 7. In this background of the medical condition of the appellant, learned counsel for the appellant has pressed for confirmation of his provisional bail. Learned counsel for the appellant has addressed the Court both on merits and the medical condition of the appellant, taken note above as well. He submits that the appellant was accused in 6 cases under the Fodder Scam being R.C. Case No. 20A/1996, 38A/1996, 64A/1996, present case 68A/1996, 47A/1996 and 63A/1996. These cases related to different Treasuries in the unified State of Bihar. Out of these 6 cases, 4 cases have been finally decided. He has been acquitted by the learned C.B.I. Court in R.C. Case No. 38A /1996 and 64A/1996; one case is under trial before the learned C.B.I. Court, Ranchi being R.C. Case No. 47A/1996, while trial is going on before the learned C.B.I. Court at Patna in R.C. Case No. 63A/1996. In spite of his medical condition, he is attending trial in these cases. In spite of his medical condition, he is attending trial in these cases. Out of the 4 cases concluded as on date, he has been acquitted in R.C. Case No. 38A/1996 and R.C. Case No. 64A/1996 by different C.B.I. Courts. In R.C. Case No. 20A/1996, appellant was convicted by the learned C.B.I. Court vide judgment dated 30.09.2013 under Section 120B read with Sections 420,409,467,471 and 477A of the Indian Penal Code read with Section 13(1)(c) and (d) and 13(2) of the Prevention of Corruption Act and was sentenced to undergo R.I. for 4 years with fine under both offences of I.P.C. and P.C. Act. This Court has confirmed the provisional bail granted earlier on medical grounds vide order dated 06.04.2015 passed in Criminal Appeal (S.J.) No. 838 of 2013 also taking into account the submission of learned counsel for the appellant and C.B.I. on merits of the findings. 8. Learned counsel for the appellant submits that the charge in all these cases is common and so is the evidence. Appellant was Leader of Opposition during the period when fraudulent withdrawal was made by officials of Animal Husbandry Department in connivance with the suppliers and others during the 1990s. Appellant was neither In-Charge of the Animal Husbandry Department nor facilitated fraudulent withdrawal. Evidences which came up during trial in any of these cases including those in which he has been acquitted is at best to the effect that he had written two letters dated 23.08.1990 and 05.12.1993; one, forwarding the letter of Member of Legislative Assembly and second one, a recommendation for extension of service of one accused Doctor S.B. Sinha. Apart from that, though allegation in the charge do not refer to receipt of payment of Rs. 5 Lakh, but evidence of PW-78 in the present case has been taken note of by the learned Trial Court while convicting him. The evidence of PW-78 also does not show that he was an eye-witnesses to any such payment. The 3 prosecution witnesses P.W. 179, 195 and 196 in R.C. Case No. 20A/1996 are PW-78, 1 and 49 respectively in the present case also and there is no difference in the evidence. Nothing more has been brought on record during the instant trial against the appellant. On the same set of evidence appellant has been acquitted in the 2 cases mentioned above. Moreover in similar circumstances one of the co-accused Dr. Nothing more has been brought on record during the instant trial against the appellant. On the same set of evidence appellant has been acquitted in the 2 cases mentioned above. Moreover in similar circumstances one of the co-accused Dr. Ranjeet Kumar Mishra, who was also convicted in R.C. Case Nos. 20A/1996, 44A/1996 as also 50A/1996 and was suffering from cancer, was granted provisional bail during pendency of the appeal, which was confirmed by this Court in Criminal Appeal No. 1117 of 2009 and Criminal Appeal No. 193 of 2008 respectively. Learned counsel for the appellant submits that in such circumstances, provisional bail granted to the appellant be confirmed. He is aged 84 years and the type of disease which he suffers from i.e. Multiple Myeloma (type of bone marrow cancer) is incurable. 9. Learned A.S.G.I. at the outset graciously submits that the diseases with which the appellant is suffering over the last 4/5 years do not appear to be curable in the light of the opinion of the medical experts. Appellant has therefore been granted provisional bail on humanitarian ground by this Court earlier in the present appeal and also in the other appeal arising out of his conviction in R.C. Case No. 20A/1996. It is also not in dispute that appellant is being administered regular dose of chemotherapy to maintain his condition. As such prayer for confirmation of his bail on medical ground may be considered on objective consideration of these factors. However, he submits that the findings of the learned Trial Court on merits are sound and well-reasoned. He made specific reference to the statement of the appellant under Section 313 of the Criminal Procedure Code at para 29 of the impugned judgment and the discussion on the evidence on record leading to the finding of guilt in the subsequent page nos. 301,304, etc. of the impugned judgment. As such, appellant does not have a good ground to seek bail on merits. 10. I have considered submission of learned counsel for the parties and taken note of the aforesaid facts and circumstances urged by the appellant in order to seek confirmation of the provisional bail granted to him on medical ground earlier. 11. of the impugned judgment. As such, appellant does not have a good ground to seek bail on merits. 10. I have considered submission of learned counsel for the parties and taken note of the aforesaid facts and circumstances urged by the appellant in order to seek confirmation of the provisional bail granted to him on medical ground earlier. 11. The sequence of facts taken note of in the foregoing paras based upon the opinion of the medical experts, make it clear that appellant is suffering from incurable disease i.e., Multiple Myeloma (type of bone marrow cancer) for which he has to undergo regular dose of chemotherapy at specialized Hospital, Medanta. This Court in another Criminal Appeal (S.J.) No. 838 of 2013 arising out of R.C. Case No. 20A/1996 had been pleased to confirm the provisional bail taking into account the medical condition vide order dated 06.04.2015(Annexure-1 to the I.A.). On consideration of these facts and circumstances, therefore, I am of the opinion that provisional bail granted to the appellant on medical ground needs to be confirmed. 12. Accordingly, the provisional bail granted to the appellant is confirmed on the same condition as stipulated in the order dated 16.02.2018 to the satisfaction of learned Additional Judicial Commissioner, VII cum Special Judge (AHD), CBI-1, Ranchi in connection with R.C. Case No. 68(A)/1996. I.A. No. 6260 of 2018 stands disposed of. Appeal disposed of.