TaxTMI 
TaxTMI 
2011 (10) TMI 763
X X X X Extracts X X X X
X X X X Extracts X X X X
....ommittee regarding an incident which took place on the Floor of the House on 22.07.2008 during the vote of confidence motion, whereby three BJP MPs had shown wads of currency notes during session in the parliament house, amounting to ₹ 1 crore. 4. The investigating authority filed charge-sheet followed by supplementary charge-sheet and the petitioner was directed to appear on 06.09.2011 before the Ld. Special Judge. 5. Further submitted that in spite of the bad health of the petitioner, he appeared on the said date, thereafter he was ordered to be sent in judicial custody. 6. Thereafter, the health of the petitioner started deteriorating day by day and finally on 12.09.2011 the petitioner was referred by the Board of Doctors to AIIMS and since then he is in the hospital. 7. Ld. Senior Counsel has drawn the attention of this Court towards the medical report dated 11.10.2011 of Dr. Sanjay Gupta, Addl. Professor, Deptt. Of Nephrology, AIIMS which is reproduced as under: Comprehensive Medical Report of Shri Amar Singh, Hon'ble MP, Rajya Sabha On 12th September, 2011 Sh. Amar Singh, 55/M, was referred by the board of four Doctors of GB Pant and LNJP Hospital to AIIMS i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s but same is required to prevent allograft rejection. The repeat tacrolimus drug level came as 7.2ng/ml i.e. within the limits required for the transplanted kidney. With increase in Tacrolimus dose his blood sugars are fluctuating and with the advice of endocrinologist, the blood sugars are now being controlled by adding insulin. US abdomen showed mild hydronephrosis of allograft and grade 1 prostatomegaly with insignificant post void residue i.e within normal range. The thyroid function test is within normal limits. Lipid profile is also within normal limits. On 24th September he underwent nerve conduction studies for assessment of peripheral neuropathy. That was consistent with small fiber neuropathy. He was also investigated for atherosclerotic vascular disease by Doppler US that suggested partially occluded peripheral artery disease. Echocardiography reveals EF 60% mild left ventricular hypertrophy. Stool culture did not grow any pathogenic bacteria. Prostatic specific antigen was 1.02ngm/ml within normal limits. Cytomegalovirus PCR was <600 copies / ml (within normal limits). For diarrhea IgA Anti TTG 1.72u/ml (normal 01. To 20.0). He continues to be afebrile and the dysuria ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....arrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but- (i).... (ii).... Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: 9. Vide order dated 13.09.2009, interim bail was granted to the petitioner/accused on medical grounds. Thereafter, vide order dated 28.09.2011, the ld. Special Judge declined to grant regular bail to the petitioner keeping in view the report dated 26.09.2011 as the condition of the petitioner was shown stable but it require monitoring. 10. Further it was submitted that the ld. Special Judge did not go through the said report wherein it was clearly mentioned that "for his anxiety and restlessness a psychiatry consultation has also been sought. On 13th September night he developed severe abdominal pain which got relieved by medicine given by gastroenterologist and he further advised X-ray abdomen to be done in morning time, that was done next day and was found within normal limits. On 14th Septe....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion, Diabetes Mellitus, hypertension etc. It is reiterated that so far he has been shown to the following doctors: 1. D. R.S. Ahlawat, Professor of Medicine and Nephrology, LNJP Hospital. 2. Dr. Sanjay Schdeva, Associate Professor, Gastroenterology, G.B. Pant Hospital. 3. Dr. Neera Chaudhary, Associate Professor, Neurology, G.B. Pant Hospital. 4. Dr. Anuj Mittal, Psychiatrist, Central Jail Tihar. 5. Dr. Jwala Prasad, Senior Resident, Central Jail Tihar. 13. Accordingly, the interim bail was granted to the petitioner. 14. Ld. Counsel for the petitioner has further submitted that the doctor at Singapore had written a letter to the petitioner on 18.09.2009 which is a page 228 of the paper book wherein it is mentioned as under: Mr. Amar Singh is a 53 year old man who had undergone an uncomplicated living donor kidney transplant on July 1th 2009. The aetiology of his end stage kidney disease is uncertain and is likely to be multi-factorial related to hypertension and possibly renal oxalosis. His past history was significant for extensive small bowel resection for presumed small bowel tumor which turned out to be small bowel tuberculosis. He had completed a course of anti-tuberculo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e, 1860 and if convicted 5 years would be maximum punishment. 19. The allegations against the petitioner are as under: During scrutiny of bank details it is found that there is an entry of deposit of Rs.One Crore in this account on 22.07.08. On further analysis it is found that there is a pattern of deposit of one crore amounts of cash in this account on many occasions which is regularly being spent by issue of various cheques. However, during investigation no further evidence could be found to connect Sh. Shyam Jaju with Sanjeev Saxena and further no evidence was found regarding delivery of bribe money by Shyam Jaju to Sanjeev Saxena on 22.07.2008 During investigation details of bank accounts were obtained from Sh.Amar Singh and details of account of the same from 1.7.2008 to 30.7.2008 were obtained from concerned banks. The details of the Bank Accounts are as under: (i) A/C No. 001790700000154 of YES Bank. (ii) A/C Nos. 814338 and 814356 of the Royal Bank of Scotland. (iii) A/C No. 10023814782 SBI Parliament House, New Delhi. (iv) A/C No.0804010016004 United Bank of India Nehru Place, New Delhi. The perusal of the Bank Account details reveals as under: (i) Bank Account N....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ar Singh for the purpose of winning over Shri Ashok Argal, Shri Gaggan Singh Kulaste, and Shri Mahavir Bhagora, to vote in favour of Motion of Confidence. (xiii) As there is no case against Shri Ahmad Patel and there is no clinching evidence against Shri Amar Singh, there is no occasion for the Committee or the House to make a request to Rajya Sabha requiring the said two members to appear before the Inquiry Committee for evidence. There is also no occasion for referring the matter relating to complaint against the said two members to Rajya Sabha for examination, investigation and report. 23. In the conclusion of the Parliamentary committee it is stated as under: IX. Recommendations 168. The Committee after taking into account their findings and conclusions in the matter [as detailed in para 141 particularly at (xiv) to (xvii) relating to the roles of Shri Sanjeev Saxena, Shri Suhail Hindustani and Shri Sudheendra Kulkarni], recommended that this matter may be probed further by any appropriate investigating agency. 169. The Committee further recommend that the procedure for requiring appearance of member of one House before other House or Committee thereof , as recommended by....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing the period is wholly unsustainable in law. 5.... 6. We have considered the contentions raised by learned counsel for the parties. The observations in the order of the High Court that the applicant is allowed short-term bail also "with a view to keep a watch over his future conduct and activities during this period" does not commend to us. If a case for release of the applicant on bail is not otherwise made out, he cannot be released on bail for a limited period, only for keeping watch over his future conduct and activities during the period. That part of the order of the High Court is clearly unsustainable. However, the High Court, as noted earlier, granted bail to the respondent on medical grounds. It is not disputed before us that the respondent is suffering from certain kidney ailments for which he requires frequent medical attention. There is no allegation that during the period he has been on bail the respondent has been involved in commission of any crime or has misused the liberty granted to him in any manner. Moreover, a short period of about five weeks remains for the bail order to expire. 7. Considering the facts and circumstances of the case noted abo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing the petitioner's prayer for grant of bail is set aside. 28. Further submitted that as observed in the case of Lalit Somdatta Nagpal and another(supra), on consideration of the medical condition of the petitioner permitted him to be treated in a private hospital though he was arrested under the provisions of MCOCA, 1999. 29. Ld. Senior counsel for the petitioner has further submitted that he is not arguing on the merit of the case at this stage though nothing substantial has been found against the petitioner, however, he is limiting his argument for bail considering the medical condition of the petitioner. 30. Further submitted, if ld. counsel for respondent is able to cross the first hurdle, i.e., the ground taken on medical condition, then he reserve his right to argue on merit. 31. On the other hand Mr. Mohan Parasaran, learned ASG has submitted that no doubt the condition of the petitioner is very critical. The reports are authentic as the same are from the most prestigious institution of the country, i.e., AIIMS, therefore, on medical grounds they do not oppose the bail of the petitioner. 32. Further submitted, however, there are sufficient evidence against the pe....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ic and free from any microbes. Drinking water should similarly be free of microbes. He needs to have small frequent meals that are required due to diabetes and short gut syndrome. He needs take medicines and follow a routine as directed to prevent any transplant kidney function deterioration. He needs to be constantly monitored for renal function, infections and if he is travelling he should be under supervision of a nephrologist, a dialysis technician, a nurse and should use ambulances / air ambulance for any emergency. 35. Keeping the medical reports of the petitioner into view, it seems to me that the health condition of the petitioner is very critical. Even the doctor had advised him not to go in a crowded area and remain in a very hygienic condition to avoid infection. Obviously, the jail is not such a place where the condition as required could be made available. 36. Keeping in view the critical health condition of the petitioner as he had been continuously in Hospital since 12.10.2011 till date, therefore, on humanitarian grounds, I deem it fit to admit the petitioner on bail. Accordingly, it is directed that the petitioner shall be released on bail on furnishing a persona....