KRISHAN MOHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) DR . Krishna Mohan Prasad, the petitioner, who is in custody in Special Case No. 49/96 under Sections 409, 420, 467, 468, 471, 472, 474, 1208 of the Indian Penal Code and Section 13(2) read with Sections 13(1)(c) and (d) of the Prevention of Corruption Act, has filed the instant petition for his release on bail on the solitary ground of his ill health.

(2.) THE allegations against the petitioner are that while he was posted as Assistant Director in the Animal Husbandry Department, Ranchi he in conspiracy with the other officials of the Animal Husbandary Department and suppliers to the department prepared false and forged bills and on the basis of the same misappropriated government exchequer to the tune of more than rupees 19 crores during the period September, 1995. to December, 1995.

(3.) LEARNED counsel for the petitioner in the first instance contended that 1st proviso to Section 437 is in the nature of exception to the general Rule contained in Section 437(1) that any person if brought before the court other than the High Court and the court of Sessions, can be released on bail but he shall not be released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life. The proviso creates an exception to this rule laying down that the court may direct any person under 16 years of age, women, sick or infirm to be released on bail. Counsel maintained that this proviso creates a separate class of accused who are entitled to bail irrespective of seriousness of the allegations against them. Thus, according to the counsel the word 'may' used in this proviso means 'shall' and as the petitioner is suffering from a serious heart ailment he is entitled to bail. In this respect counsel for the petitioner submitted that while the petitioner was admitted in the hospital at Ranchi he was examined by Dr. S.N. Mishra on 30.6.1996 who found the petitioner to be a case of unstable angina and advised for early corollary Angiography which facility is not available in Bihar State.