Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3254
of 2015
Applicant :- Ram Prasad Jaiswal
Opposite Party :- C.B.I. And Another Counsel for Applicant :- Ajatshatru Pandey,Gopal S. Chaturvedi,Harshita Raghuvanshi Counsel for Opposite Party :- Govt. Advocate,Anurag Khanna,N.I. Jafri
Hon'ble Arun Tandon,J.
Heard Sri Anurag Khanna, learned senior Advocate
appearing on behalf of CBI assisted by Sri Nipun Singh, Advocate and Sri Manoj Ohri, senior Advocate on behalf of applicant assisted by Ms. Harshita Raghuvanshi, Advocate.
The bail granted in favour of the applicant-Ram Prasad
Jaiswal was cancelled under the order dated 15.7.2014 passed by this Court on an application made by the CBI. Similar order was passed in the case of one co-accused Dinesh Kumar Singh. This led to filing of Criminal Appeal No. 3603 of 2013 by Dinesh Kumar Singh Vs. CBI before the Apex Court.
The Apex Court disposed of the Special Leave Petition
with the observation that the pending bail application may be considered without being influenced by the observations made in the order subject to challenge before the Apex Court. The Apex Court also observed that the matter be heard by a Judge, who had not heard the bail application earlier. Accordingly, the bail application was nominated and has come up for hearing before me.
The bail application made by Sri Dinesh Kumar Singh
was rejected by me vide order dated 2.7.2015 being Bail Application No.37599 of 2014 (Dinesh Kumar Singh Vs. C.B.I.), against which Special Leave Petition was filed before the Apex Court being Special leave to Appeal (Crl.) No. 6258/2015 (Dinesh Kumar Singh Vs. C.B.I.), which has been disposed of vide order dated 23.11.2015. Dinesh Kumar Singh was directed to approach the Trial Court afresh. He has been granted bail on the condition of depositing Rs.2 lacs.
The Court has been informed that an FIR dated 2.1.2012
has been lodged against Sri Ram Prasad Jaiswal and has been charge sheeted in RC:220/2012 E 0001, Police Station CBI EOU-IV, New Delhi under Section 120-B, read with Sections 409, 420, 468, 471 IPC & under Sections 8, 13(2) read with Section 13(1)(c), 13(1)(d) & 13(I)(d)(ii) of Prevention of Corruption Act, 1988 and Substantive Offence under Sections 8, 13(2) read with Section 13(1)(d)(ii) of Prevention of Corruption Act, 1988 along with 12 other persons. The total amount said to be involved has been assessed at Rs.7.93 crores.
The Court has been informed that some of the other
accused in the aforesaid case has been granted bail by the Trial Court or by the higher Court on the condition of deposit of Rs. 50 lacs.
It may be noticed that this Court had granted bail for
limited duration to Ram Prasad Jaiswal from time to time keeping in mind his medical health as reflected from the certificates/prescriptions issued by the doctors attending upon Ram Prasad Jailswal, which documents were not disputed by the CBI at any time.
Having regard to the circumstances brought on record, I
am of the opinion that it would be appropriate to grant bail to Ram Prasad Jaiswal in both the matters on terms as specified as under.
Let the applicant Ram Prasad jaiswal, involved in
RC:220/2012 E 0001, Police Station CBI EOU-IV, New Delhi under Section 120-B, read with Sections 409, 420, 468, 471 IPC & under Sections 8, 13(2) read with Section 13(1)(c), 13(1)(d) & 13(I)(d)(ii) of Prevention of Corruption Act, 1988 and Substantive Offence under Sections 8, 13(2) read with Section 13(1)(d)(ii) of Prevention of Corruption Act, 1988 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.
In addition to the above, the applicant shall deposit Rs.50
lacs, by way of a bank draft in the name of the trial court within two months from today. The amount shall be invested in fixed deposit scheme in a nationalised 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.
In case of default of compliance with any of the conditions
enumerated above, the order granting bail shall stand cancelled automatically.