Court grants anticipatory bail to pharmacy body president in corruption case

New Delhi [India], June 24 (ANI): The Rouse Avenue court has granted anticipatory bail to Pharmacy Council of India (PCI) President Dr Montu Kumar Patel in a corruption case linked with the alleged bribery of crores of rupees. The court also noted that the allegations of bribery were not supported by cogent material against the accused.
Special Judge (CBI) Sushant Changotra granted anticipatory bail to Montu Kumar Patel on Wednesday after hearing submissions and considering the facts and circumstances.
The special judge ordered, "The present application is allowed."
"It is directed that in the event of arrest of accused/ applicant Dr. Montu Kumar Patel, the IO shall release him upon applicant/ accused furnishing bail bonds and surety bonds in the sum of Rs 1 lakh to the satisfaction of the investigation officer," Special Judge Changotra ordered on July 23.
While granting bail, the court emphasised, "The Courts are under bounden duty to strike a fair balance relating to the protection of personal liberty of an individual/right of investigating agency for fair investigation."
"In my considered opinion, this Court will fail in its duty if the personal liberty of the applicant /accused is not protected given the aforementioned proposition of law and the facts at hand, especially when the allegations are prima facie not supported by any cogent material," the Special Judge said in the bail order.
The court noted that a serious allegation was levelled that the present case involved a bribe of the amount of Rs 5000 crores, but upon the court's query, the IO stated that the said amount was arrived at based on media reports / secret information.
"Further, perusal of the case diary of the IO regarding the interrogation of the applicant shows that he was not confronted with the aforementioned facts. The said facts on the face of it make the allegations qua the above stated quantum highly doubtful," the court noted.
After hearing the submissions of the CBI and senior counsel for the accused, the court stated that it must be noted that the prosecution has not been able to substantiate even a single set of allegations levelled under the PC Act against the applicant.
The court noted that the FIR shows that all the allegations have been levelled against the applicant, even though all the decisions were made by the Executive Body or Central Council, which consists of several other members.
The accused has already joined the investigation, and no circumstances have been shown that necessitate or require his custodial interrogation, the court observed.
Senior Advocate Vikas Pahwa, counsel for the accused, Montu Kumar Patel, argued that the investigating officer (IO) is intentionally levelling allegations that the accused has amassed a huge amount of wealth without even an inch of evidence to support it.
As per FIR, a cash sum of Rs 10. 95 lakh by way of banking transactions were given by accused Vinod Kumar Tiwari to accused Santosh Jha, but later on in the reply, the IO whimsically mentioned a sum of Rs 5000 crores, and today it has been reduced to a sum of Rs 118 crores, senior counsel Pahwa argued.
The counsels for the CBI vehemently opposed the bail application, arguing that the accused did not cooperate in the investigation. He gave evasive replies. The accused had formatted one of the mobile phones and thrown the second mobile phone. Accused Vinod Kumar Tiwari did not join the investigation.
It was further argued that during the investigation, properties worth Rs. 118 crores have been found in the name of the accused/ his relatives.
As per allegations, bribe of Rs 10 lakhs in cash and additional sum of Rs 95,000 through banking channels was given to one Santosh Kumar Jha, a primary teacher in UP for managing the inspection/ obtaining approval and for arranging infrastructural facilities (books, setting up of lab, faculty and approval of PCI), but there is no evidence of payment of Rs 10 lakhs, senior advocate argued. (ANI)