Uttarakhand High Court
Ashok Kumar Bhardwaj vs Central Bureau Of Investigation on 29 April, 2022
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application (IA No. 01 of 2022)
In
Criminal Appeal No. 87 of 2022
Ashok Kumar Bhardwaj ...Appellant
Versus
Central Bureau of Investigation ....Respondent
Present:-
Mr. Narendra Bali, Advocate for the appellant.
Mr. Sandeep Tandon, Advocate for the CBI.
ORDER
Hon'ble Ravindra Maithani, J. (Oral)
This is an appeal against the judgment and
order dated 15.03.2022, passed in Case No. 04 of
2007, CBI v. Ashok Kumar Bhardwaj & others, by the
court of Special Judge, Anti-Corruption (CBI),
Uttarakhand/1st Additional District and Sessions
Judge, Dehradun. By the impugned judgment and
order, the appellant has been convicted and
sentenced under Section 120B, 420, 467, 468, 471
IPC and Section 13(2) read with Section 13(1)(d) of the
Prevention of Corruption Act, 1988.
2. The appellant has sought his release on bail
during the pendency of the appeal.
3. On behalf of the appellant, learned counsel
has submitted that the appellant is suffering with
kidney problem and other related ailments.
4. In fact, the mater was listed for hearing on
the bail application, but the learned counsel for the
CBI had sought ten days' time to file objections to the
bail application, and the Court had passed the order
that the regular bail shall be heard after ten days.
5. Since, it is told on behalf of the appellant
that he is unwell and a medical report from Medical
Officer, District Jail, Dehradun, at Suddhowala,
Dehradun dated 28.04.2022 was placed before the
Court, the matter has been listed today with a view
that the learned counsel for the CBI may get
instructions from the concerned jail.
6. Today, learned counsel for the CBI has
confirmed the medical report. In fact, it has also been
received to the Registry of this Court.
7. Along with his bail application, certain
medical prescriptions and investigation reports of the
appellant Ashok Kumar Bhardwaj have been filed.
The medical report as received from the Medical
Officer, District Jail Dehradun reveals that the
appellant Ashok Kumar Bhardwaj is under treatment
with Nephrologist. The medical report also records
that "on examination was found to have complete
block of distal SFA on right side, mid and distal
SFA on left side and B/I popliteal arteries." Further
that the "blood investigation reports were highly
deranged and USG finding revealed B/L small
kidneys."
8. Learned counsel for the appellant would
submit that the appellant's kidney has already been
shrunk to a significant level; his legs are not moving;
he cannot do anything without any assistance.
9. Without adverting to the merits of the case,
purely on the medical grounds, this Court is the view
that short term bail may be granted to the appellant
Ashok Kumar Bhardwaj.
10. Accordingly, the appellant Ashok Kumar
Bhardwaj is enlarged on short term bail for a period of
six weeks, from the date of his release, subject to the
following conditions:-
(i) The appellant shall furnish a person
bond and two reliable sureties, each in the like
amount, to the satisfaction of the court
concerned.
(ii) The appellant shall surrender his
passport, if any, and if he does not have one, he
shall furnish an undertaking to this effect.
(iii) The appellant shall not leave the
country without prior permission of the court.
11. It is further directed that, on the expiry of
the period of short term bail, the appellant shall
surrender before the court concerned and intimation
to this effect shall also be given to this Court.
12. Bail application of the appellant is disposed
of accordingly.
13. Let a certified copy of this order be issued
today itself on payment of usual charges.
(Ravindra Maithani, J.)
29.04.2022
Avneet/
