2014 (9) TMI 1229 - SC - Indian Laws

Bail application - it is the case of the prosecution that the Purchase Committee which was headed by the petitioner purchased Iron Folic Acid tablets at ₹ 26 paise per tablet, which was available in the open market at ₹ 6 paise per tablet, which resulted in the loss of ₹ 11,07,692/- to the Government - HELD THAT - 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. 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 conditions imposed - SLP disposed off.

Summary

Issues:
1. Bail application rejection by Allahabad High Court.

Analysis:
The Supreme Court of India addressed the issue of the rejection of a bail application by the Allahabad High Court in a case related to the National Rural Health Mission Scheme (NRHM). The NRHM aimed to provide healthcare to vulnerable populations in remote areas. Following a direction from the Allahabad High Court, the Central Bureau of Investigation (CBI) conducted an inquiry into the implementation of the NRHM scheme. Subsequently, an FIR was registered against several individuals, including the petitioner, under various sections of the Indian Penal Code and the Prevention of Corruption Act. The prosecution alleged that the petitioner, as the head of the Purchase Committee, purchased Iron Folic Acid tablets at a higher cost, resulting in a substantial loss to the government.

The petitioner surrendered before the trial court and filed a bail application, which was rejected by the Allahabad High Court. The Supreme Court, upon hearing arguments from both sides, noted that similarly situated individuals had been granted bail by the High Court. Considering the charge sheet had already been filed and the petitioner had been in jail for about 11 months, the Supreme Court directed the petitioner to be released on bail upon fulfilling certain conditions. These conditions included not tampering with evidence, not pressurizing witnesses, appearing in court as required, and depositing a specified amount within four weeks. The deposited amount was to be invested in a nationalized bank by the trial court. The Supreme Court warned that any breach of the conditions would lead to the cancellation of the bail order.

In conclusion, the Supreme Court disposed of the special leave petition by allowing the petitioner to be released on bail with specific conditions. The judgment highlighted the importance of ensuring fairness in the legal process while balancing the rights of the accused with the interests of justice.