Usha Singh vs C.B.I.

Amreshwar Pratap Sahi, J.

Heard learned counsel for the applicant and Sri N.I. Jafri for the CBI.

Affidavits have been exchanged between the parties.

The charge against the applicant who was then posted as a doctor in Distt. Women Hospital is as follows:--

"Further, on 8/2/2011, in presence of the Members Committee Dr. Satish Kumar, P.L. Sharma Hospital, Dr. Usha Singh, Distt Women Hospital, D r. H.G. Singh, Addl. CMO Store, Dr. Naresh Kumar, Distt. IMM Officer, Dr. K.P. Singh, Dy CMO, NRHM and Dr. P.P. Verma, CMO, F/W, the sealed quotations were opened. Total three Quotations were received, from M/s. Unicure India Pvt., Ltd., Noida, M/s. Sudharshan Pharmaceuticals Pvt. Ltd., Indore and M/s. Daffodills Pharmaceuticals Ltd. All the documents received from the three firms were signed by the Members Purchase Committee. Proceedings dated 8/2/2011 were drawn, duly signed by the above said Members and the rates of M/s. Sudharshan Pharmaceuticals Pvt. Ltd., Indore were found to be lowest for Iron Folic Acid @ Paise 0.26 each tablet and the rates of M/s. Daffodills Pharmaceuticals Pvt. Ltd., Meerut were found to be lowest for Tab Albendazole @ Rs. 1.39 per tablet. Hence, the rates of these firms, lowest one, were approved. The sealed quotations were, earlier, received in the office. Thereafter, a meeting of the Purchase Committee was held on 14/2/2011, attended and signed by Members Purchase Committee Dr. Satish Kumar, P.L. Sharma Hospital, Dr. Usha Singh, Distt Women Hospital, Dr. H.G. Singh, Addl. CMO Store, Dr. Naresh Kumar, Distt IMM Officer, Dr. KP Singh, Dy CMO, NRHM and Dr. P.P. Verma. Order for purchase of Iron Folic Acid, the amended chart was separately put up for approval of the Committee.

Thereafter, Dr. P.P. Verma, CMO, F/W, Meerut convened the Meeting of the Purchase Committee, held on 15/2/2011, attended by Members Purchase Committee Dr. Satish Kumar, P.L. Sharma Hospital, Dr. Usha Singh, Distt Women Hospital, Dr. H.G. Singh, Addl. CMO Store, Dr. Naresh Kumar, Distt IMM Officer, Dr. K.P. Singh, Dy CMO, NRHM and Dr. P.P. Verma. The meeting was also attended by Distt Purchase and Tender Committee, Meerut, Dr. S.P. Ojha, the then SIC, Distt Hospital, Dr. Usha Tomar, SIC, Distt Women Hospital, Dr. H.G. Singh, CMO/his representative, Dr. V.P. Singh, Sr. Consultant, Distt Hospital, Dr. Satish Kumar, Medical Supdt, Distt Hospital, Sh S.N. Shukla, Chief Pharmacist, CMSD. As there was no Rate Contract for Tablet IFA the decision to place order for the same on M/s. Sudarshan Pharmaceuticals Ltd., Indore was retained. The said proceedings dated 15/2/2011 was signed by the above said Purchase Committee Members."

Learned counsel for the applicant has invited the attention of the Court to the bail orders in the case of co-accused who were also members of the same purchase committee, namely, Dr. S.P. Ojha, Dr. Satish Kumar and Dr. H.G. Singh that has been filed as Annexure 16 to this bail application.

Apart from this, the Apex Court in the case of Dr. P.P. Verma has passed the following order:--

"UPON hearing the counsel the Court made the following

ORDER

The National Rural Health Mission Scheme (NRHM) was launched with a view to providing accessible, adequate, affordable, accountable and reliable health care to all persons particularly the vulnerable people residing in remote areas. On 15.12.2011 in Public Interest Litigation Petitions filed before the Allahabad High Court, the Allahabad High Court gave a direction to the Central Bureau of Investigation (CBI) to conduct an inquiry in the execution and implementation of NRHM Scheme. Allahabad High Court further directed that if prima facie, commission of cognizable offence is found, then a case be registered.

In pursuance of these directions, inquiry was conducted and on 23.03.2012, the CBI registered an FIR against the petitioner, the then Chairman of the 2 Purchase Committee and also the Chief Medical Officer and others under Sections 420/467/468/471/477A read with Section 120B of the Indian Penal Code (IPC) and Section 3(2) read with Section 13(1)(d) of the Prevention of Corruption Act. On 14.02.2013, the CBI filed charge-sheet against 12 persons which included the petitioner under Sections 120B an 420 of the IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act.

It is inter alia the case of the prosecution that the Purchase Committee which was headed by the petitioner purchased Iron Folic Acid tablets at Rs. 26 paise per tablet, which was available in the open market at Rs. 6 paise per tablet. This resulted in the loss of Rs. 11,07,692/- to the Government.

The petitioner surrendered before the trial court on 23.10.2013 and ever since he is in judicial custody. The petitioner filed bail application before the Allahabad High Court. The Allahabad High Court by the impugned order rejected the petitioner''s bail application and hence, the petitioner has filed the present special leave petition.

We have heard Mr. Huzefa Ahmadi, learned senior counsel for the petitioner, at some length and learned senior counsel for the CBI. Learned senior counsel for the petitioner points out that several persons who are similarly placed have been released on bail by the High Court. A chart showing the details in that regard is submitted in the Court today. After perusing the same, we find the statement to be correct. 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.

In the circumstances, 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 court concerned on the following conditions:

The petitioner shall not tamper with the prosecution evidence;

The petitioner shall not pressurize the prosecution witnesses;

The petitioner shall appear on the date fixed by the trial court;

The petitioner shall deposit an amount of Rs. 2,00,000/- (Rupees two lac only).

Learned counsel for the petitioner states that the amount of Rs. 2,00,000/- (Rupees two lac only) will be deposited within a period of four weeks from today. On such deposit being made, the 3 trial court shall invest the said amount in any nationalized bank on usual terms.

In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

The special leave petition is disposed of.

(Gulshan Kumar Arora) Court Master

(Indu Pokhriyal) Court Master"

In the instant case the loss caused on account of the accused involved herein indicates the proportionate liability of approximately Rs. 1,00,000/- on the applicant.

Learned counsel for the applicant on instructions received has given an undertaking that the applicant will deposit a sum of Rs. 1 Lac as against the proportionate liability in the present case.

Let the applicant Dr. Usha Singh, involved in Special Case No. 2 of 2013, arising out of First Information Report dated 23.02.2012 registered as F.I.R. No. RC/DST/2012/A/0004, under Section 120-B read with 420 IPC and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 AND substantive offences under Section 420 IPC, and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, Police Station C.B.I./S.T.F./New Delhi, be released on bail on her 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;

The applicant shall not pressurize the prosecution witnesses;

The applicant shall appear on the date fixed by the trial court.

The applicant shall deposit her passport with the trial court."

In addition to the above, the applicant shall deposit Rs. 1,00,000/-, which is the amount of proportionate loss caused to the State Exchequer because of the acts of the applicant, by way of a draft in the name of the trial court within four weeks from the date of her release. The amount shall be invested in 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.

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.