KETAN DESAI Vs. STATE

JUDGEMENT

(1.) This is a petition for grant of regular bail in case RC No. 02(A)/10/ACU- IX/CBI dated 22nd April, 2010 under Section 7, 8, 11, 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (hereinafter ,,the PC Act). As per the prosecution this case was registered on the allegations that Dr. Ketan Desai, President, Medical Council of India (MCI) entered into a criminal conspiracy with Shri J.P. Singh with an intention to obtain bribe for grant of permission to Gyan Sagar Medical College, Patiala. The concerned management of this medical college became a party to this conspiracy by agreeing to pay the bribe in order to get certain shortcomings in the infrastructure overlooked by the MCI. The CBI received a source information on the basis of which enquiry was conducted, during which the relevant mobile phones were intercepted.

(2.) It is contended that after registration of the case a team was deployed at the residence of Shri J.P. Singh at D-6/13, Vasant Vihar, New Delhi to intercept Dr. Kamaljeet Singh who was coming to deliver the bribe amount of Rs. 2 Crore. At about 12.50 hrs. on 22nd April, 2010, Dr. Kamaljeet Singh while coming out of the house of Shri J.P. Singh was challenged and interrogated and on his disclosure, Rs. 2 Crore was recovered from the office located at the ground floor of the residential premises of Shri J.P. Singh at D-6/13, Vasant Vihar, New Delhi.

(3.) Learned counsel for the CBI states that the present is a case of larger conspiracy wherein the Petitioner, former President, Medical Council of India (MCI) was not only passing on prior information to Shri J.P. Singh pertaining to the schedule of inspection by MCI but also ensured that favourable report would be given by the Inspection Team of MCI. According to learned counsel, despite the fact that the Gyan Sagar Medical College was lacking in certain requisite infrastructure which could not have been completed within such a short duration, the Petitioner and Shri J.P. Singh helped the Institute to get favourable report from MCI in lieu of a consideration of an amount of Rs. 2 crores to be delivered through Shri J.P. Singh to the Petitioner. In this regard statement of a witness recorded under Sec. 164 Cr.P.C has been relied upon.