P V NARASIMHA RAO Vs. STATE OF DELHI

JUDGEMENT

(1.) By order dated 4th October. 1996 the Chief Metropolitan Magistrate had taken cognizance of the offence punishable under Section 120B read with Sections 195/469/471 IPC against S/Sh. Chandraswami Nemi Chand Gandhi. Kailash Nath Aggrawal Mamaji. P.V. Narasimha Rao, K.K. Tiwari. K.L.Verma and Larry J. Koip. The Court further directed the issuance of non bailable warrants against S/Sh. P.V. Narsimha Rao, K.K. Tiwari. K.L. Verma and Larry J. KoIp. returnable after execution on or before 14th October, 1996. The other two accused, namely. S/Sh. Chandraswami and Kailash Nath Aggrawal were already in judicial custody in RC. No. 1(S) 88-SIU.IX/CBI/New Delhi pending trial in the Court of Additional Sessions Judge/Special Judge and. Therefore, the Court issued production warrants for their production before the court on the same date. Apprehending arrest on the basis of the non-bailable warrants issued by the Court of the Chief Metropolitan Magistrate the petitioners have filed these petitions for the grant of anticipatory bail.

(2.) The anticipatory bail is sought by the petitioners on the ground that the case against them is false, fabricated politically motivated and afterthought and that investigation of the case was already over and the petitioners might not be required for interrogation/investigation since the charge sheet had already been filed. It is further submitted by the petitioner in Cr1. M. (M) 2418/96 that he is an old person of 76 years of age and had serious medical ailments, mentioned in the petition. He was allegedly receiving specialist medical attention from consultants in diabetes cardiology and neurology and was under regular care of a panel of personal physicians and a medical team for round the clock emergency care. It is also stated that he has been the Chief Minister of Andhra Pradesh; the Cabinet Minister at ,the Centre holding several port-folios and had also been the Prime Minister of India from 1991 to 1996 and in case he was released on bail he is not likely to misuse the liberty by tampering with evidence nor there was any apprehension of his fleeing from justice.

(3.) Mr. K.K. Tewari in his petition has submitted that he has been a Member of Parliament and a former Minister in the Central Government and that he has been falsely implicated for political reasons. Mr. K.L. Verma, petitioner in Cr1. M. (M) 2419/96 is a Member of Indian Revenue Service and is presently working as Joint Secretary (COFEPOSA), Ministry of Finance, Department of Revenue, Government of India. It is submitted by him that in the event of his being released on bail, there is no apprehension of his tampering with evidence.