JUDGMENT : 1. Petitioner through the medium of this petition filed in terms of Section 439 CrPC seeks grant of bail on medial ground in a case titled “UT of J&K through CBI vs Dr. Karnail Singh”, arising out of FIR/Crime No. RC0042022A0008 under Section 120-B read with Sections 201, 408, 411 & 420 IPC. 2. It has been asserted that the petitioner has been arraigned as accused in a case which is pending trial before learned Chief Judicial Magistrate, Jammu; that the petitioner had moved an application before the Court of Principal Sessions Judge, Jammu, which was rejected by him vide order dated 14.07.2023; that after rejection of his bail by the trial Court, the petitioner moved another application for grant of bail under section 439 CrPC before the Court of learned Principal Sessions Judge, Jammu, which was objected to by the prosecution, however, during the course of hearing of the said bail application, the petitioner sought his enlargement on short-term bail having regard to his health status so that the petitioner is in a position to get himself treated and become fit enough to face the trial; that the Court of Principal Sessions Judge Jammu after taking into consideration the medical complications being faced by the petitioner and keeping in view of the exception carved out to Section 437 CrPC, ordered release of the petitioner on bail for a period of one month i.e. till 15.07.2023 vide order dated 16.06.2023 and the petitioner was directed to surrender to the custody of concerned jail after expiry of short-term bail on 15.07.2023 at 5:00 pm. 3. The petitioner has further pleaded that soon after his release on short-term bail, the petitioner got him medically examined for different diseases and that he was diagnosed, with Major Depressive Disorder at Psychiatric Diseases Hospital, Jammu, with lower backache with radiculopathy by the Orthopedic at Government Medical College Jammu on 26.06.2023, with liver Cirrhosis with Hemorrhoids Grade-II with Irritable Bowel Syndrome at the Medicine Department of Government Medical College Jammu on 04.07.2023 and with severe hypertension with Acute Chest Pain by the Cardiology Department at Government Super Specialty Hospital, Jammu on 01.07.2023. 4. 4. It was next pleaded that based upon aforesaid serious medical condition of the petitioner as demonstrated in the medical records, he preferred an application seeking extension of short-term bail on 08.07.2023 before the Court of Principal Sessions Judge, Jammu, however, the same was rejected vide order dated 15.07.2023. It is alleged that the Court below had failed to take into consideration the serious medical conditions and co-morbidities with which the petitioner has been suffering and rejected on such grounds which are not legally tenable; that after his surrender, the petitioner has been suffering due to stopping of treatment and his problems have been aggravated and he had been hospitalized within the jail premises on 15.07.2023 itself. Therefore, the petitioner approached this Court with this application with the prayer that he be admitted to bail on medical grounds at least for a period of two months on such terms and conditions as are found just and proper. 5. Pursuant to notice, the respondents filed reply/objections to the bail application asserting therein that this Court had already rejected the bail application vide order dated 15.03.2023 on similar grounds, as such, this petition is not maintainable, without any change in the facts and circumstances of the case; that the petitioner can and is being provided all the medicare required for his health in custody; that the petitioner had already been granted short-term interim bail for one month by the Sessions Court Jammu vide order dated 16.06.2023, however, during this period the petitioner did not suffer any serious ailment; that the petitioner is a highly influential and is also involved in grave offences having repercussions for the careers and aspirations of millions of youth as he had destroyed material evidence by tampering with the log book of his official vehicle and deleting the data of his mobile phones, which shows that he has no regard for the law of the land and can go to any extent to frustrate the same; that the petitioner is a habitual offender as another case vide FIR No. RC0042022A0011 has also been registered against him regarding leakage of question paper of Accounts Assistants (Finance) conducted by JKSSB and there is every likelihood that if enlarged on bail, he will commit similar offence again and would tamper with all the evidence. It was finally prayed that the application moved by the petitioner for grant of bail be rejected. It was finally prayed that the application moved by the petitioner for grant of bail be rejected. 6. Mr. Sunil Sethi, learned Senior counsel appearing for the petitioner has argued that the petitioner has not been seeking bail on merits rather he has applied for grant of short bail for a period of two months so that he may take care of his health and get the requisite treatment as he has been suffering from multiple ailments as detailed in the application and the petitioner cannot be given treatment in custody for all the multiple ailments particularly when he has already suffered weight-loss and so much so, the doctors have advised for the help of a male attendant for the daily activities which shows that the petitioner is in a bad condition and in such a situation it will be difficult and detrimental to the health of the petitioner as he is not in a position to seek proper treatment. He has further argued that the surgery of the petitioner had been fixed on 22nd August, 2023, however, the same could not be performed and has now been rescheduled on 5th September, 2023. He has finally prayed that the petition be allowed and the petitioner be granted short bail for a period of two months subject to any conditions by this Court so that he can get himself treated for his various ailments. 7. Mrs. Monika Kohli, learned Sr. He has finally prayed that the petition be allowed and the petitioner be granted short bail for a period of two months subject to any conditions by this Court so that he can get himself treated for his various ailments. 7. Mrs. Monika Kohli, learned Sr. AAG appearing for the respondents, ex adverso, argued that the petitioner is involved in a case of Paper Leakage Scam with regard to the selection process of Sub Inspectors of Police and Accounts Assistants of Finance Department initiated by the Jammu & Kashmir Services Selection Board (JKSSB) and thus being main kingpin of that scam, he has played with the careers and aspirations of millions of the aspirants/youth for these jobs which resulted not only into the cancellation of the selection process but also brought a bad name to the Selection Body as well as to the Government of J&K. She has further argued that the petitioner during the period of one month for which a short bail had been granted by the Sessions Court, except managing certificates/prescriptions for his different ailments, did not receive any treatment which is evident from the prescriptions which had been made part of the petition and hospitalization of the petitioner on the very date when he surrendered after expiry of short bail, there being no complicacy in the period of one month of his being on bail. She has further argued that the petitioner has been moving repeated applications for grant of bail just to defeat the process of law as in case of bail being granted, he being kingpin and the main conspirator of the paper leakage scam shall make all efforts to tamper with the prosecution evidence which is yet to be produced before the Court of law for determination. 8. The petitioner has been accused of having committed offences punishable under section 120-B read with sections 201, 408, 411 & 420 IPC, in a case registered vide FIR No. RC0042022A0008 by the CBI at its Police Station in Jammu. As per investigation, the petitioner/accused Dr. 8. The petitioner has been accused of having committed offences punishable under section 120-B read with sections 201, 408, 411 & 420 IPC, in a case registered vide FIR No. RC0042022A0008 by the CBI at its Police Station in Jammu. As per investigation, the petitioner/accused Dr. Karnail Singh is alleged to have entered into a criminal conspiracy with co-accused, namely, Jagdish, Shubam Kala, Vijay Kumar and others, in pursuant to which he made arrangements for providing access to leaked question paper to his son Shubam Kala at Gangyal and in furtherance to the criminal conspiracy, leaked question paper was brought to his residence by the accused Jagdish Sharma and three candidates were provided the said question paper at his residence with his connivance. During investigation he was also found to have tampered with the log book of his official vehicle and data of cell phones to destroy the evidence. He is also required in another case registered vide FIR No. RC0042022A0011 with regard to leakage of question paper of Accounts Assistants (Finance) conducted by JKSSB. The petitioner has been shown as main accused who is alleged to have not only procured question paper by his son but also arranged access to leaked question paper to certain other candidates at his residence. 9. The petitioner is stated to have approached this Court in the month of March 2023 for grant of bail which was rejected. The petitioner, however, was admitted to short-term bail vide order dated 16.06.2023 by Sessions Court Jammu on health grounds as projected by him. The petitioner thereafter for that period of one month stated to have been consulted many consultants i.e Psychiatrists, Cardiologists and Orthopedics etc and based on those tests and prescriptions moved an application for extension of bail granted to him, however, the plea for extension of interim bail rejected by the Sessions Court vide order dated 14.07.2023 with the observations that per se the ailments projected by him are not of the nature that require any specialized treatment and that he has been prescribed requisite medication and none of the reports have suggested or advised him to undergo any urgent surgery. It was also observed that the petitioner does not require support of a male member as suggested, for a problem in lumbar spine. 10. Right from the date the petitioner was arrested, he has moved successive bail applications on health grounds. It was also observed that the petitioner does not require support of a male member as suggested, for a problem in lumbar spine. 10. Right from the date the petitioner was arrested, he has moved successive bail applications on health grounds. The petitioner himself is stated to be a doctor and it will not be difficult for him to avail the medication in custody and in case of any serious complications, he can be taken to any of the government hospitals in Jammu including the Super Specialty Hospital while being in custody. Even if any surgery is proposed, that can also be got conducted while being in custody. 11. Given to the nature of the accusation/charge against the petitioner to have interfered under a criminal conspiracy to the smooth and fair conduct of the examination by the Staff Selection Panel of the UT of Jammu & Kashmir, for the posts of Sub Inspectors in J&K Police and Accounts Assistants in the Finance Department of J&K Government which resulted not only to the cancellation of the whole of the exercise by the Board but also brought a bad name not only to the Selection Body but also to the Government of UT of J&K. This has also resulted into playing with the career and future prospects of the aspirants/youth for their jobs, besides eroding public confidence in these institutions. The apprehension of tampering with the prosecution evidence cannot be ruled out in view of the aforesaid mindset of the petitioner and in case of grant of bail, he may attempt to tamper with the prosecution evidence, so as, to screen himself from the charge. The treatment to the petitioner with regard to his various ailments can be provided to him in custody and in case he requires any specialized consultation or any surgery that can also be got conducted, which being in custody. 12. For the foregoing reasons and the observations made herein above, the bail application moved by the petitioner for grant of short bail for a period of two months on medical ground, is found to be devoid of any merit and substance and is liable to be rejected. 13. Bail Application along with pending interim application(s) is thus dismissed.