Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the appellant and learned A.S.G.I for C.B.I on the prayer for provisional bail made through LA. No. 1248 of 2018.
(2.) Appellant has been convicted for the offence under Section 120-B read with Sections 409, 420, 467, 468, 471 & 477-A of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for 5 years and fine of Rs. 5,00,000/-, in default of payment of fine to undergo Simple Imprisonment for 1 year in connection with R.C. Case No. 68(A) of 1996. He has further been convicted for the offence under Section 13(2) of Prevention of Corruption Act and has been sentenced to undergo Rigorous Imprisonment for 5 years and fine of Rs. 5,00,000/-, in default of payment of fine to undergo Simple Imprisonment for 1 year. Learned counsel for the appellant, submits that the appellant is 83 years of age and has been suffering from serious ailments.
(3.) Earlier on 9th February, 2018, the prayer for provisional bail was pressed on the grounds of several ailments that the appellant has been suffering over a period of time, which required treatment at specialized Hospital and that he was required to undergo chemotherapy on 15th February, 2018 at Medanta Hospital, Gurgaon. A report of the status of the health of the appellant was called for from the RIMS Authorities where appellant has been shifted from Jail. The report of RIMS Authorities as contained in letter No. 354 dated 12th February, 2018 has been furnished in a sealed cover. The Medical Superintendent, RIMS has enclosed a report of Assistant Professor, Department of Cardiology, RIMS, Ranchi, as per which the appellant has been diagnosed as a case of multiple myeloma on treatment, ischaemic heart disease, post CABG status, BPH, B/L knee pain, bleeding per rectum, recurrent respiratory Iract infection and urinary tract infection. He is having stable cardiac status at present. For myeloma management, reference to oncology department was made. Oncologist advise is to be followed up with AIIMS/higher centre as hematology department is not available at RIMS. The appellant was examined by a Medical Board on 10th February, 2018, who have taken note of the ailments with which appellant is suffering and also observed that hematology & medical oncology department is unavailable at RIMS. They have recommended the appellant-patient for treatment to AIIMS, New Delhi/Higher Centre.;