Delhi High Court: In a recent case where the former Minister of State for Health and Family Welfare was convicted for conspiring and fraudulently procuring admissions of some ineligible candidates in MBBS Course, the Court has dismissed his appeal for suspension of sentence and release on bail. It was directed that the appellant will be at liberty to move appropriate application on medical grounds, but keeping in view the grave and serious allegation against him u/Sections 120(B) r/w Sec. 420/468 IPC and Sections 13(2) r/w Sec. 13(1)(d) of Prevention of Corruption Act, the sentence will not be suspended till the disposal of appeal.
Briefly stated the facts of the case are that the appellant while working as Minister of State for Health and Family Welfare, was interested in procuring admissions for three ineligible candidates, one of the students being his nephew. The allegation was that the appellant had abused his official position as Minister and Head of Department, Government of India, by hatching a conspiracy alongwith co-accused for procuring admissions of certain ineligible candidates in MBBS course. While resorting to corrupt and dishonest means, he was able to obtain valuable things in the form of nomination letter for the aforesaid admissions, while the deserving students of State of Tripura were fraudulently denied their entitled seats in the Medical/Dental college. The appellant was convicted u/Sections 120(B) rw Sec. 420/468 IPC and Sections 13(2) rw Sec. 13(1)(d) of Prevention of Corruption Act and he had filed the present appeals seeking suspension of sentence and release on bail during pendency of the same. The prosecution contended that as far as the medical ground is concerned there is no illness and the appellant is being taken care of by the Superintendent Jail.
Dismissing the application and without expressing any opinion on the merits of the case, the Court held that the allegations were very serious in nature due to the reason that because of the alleged conspiracy, genuine candidates were deprived of medical seats. Moreover, as per the medical report, all prescribed medications and regular treatment were being given to the appellant, and he was being examined from time to time by a Medical Board, constituted at AIIMS. It was further directed that it would be open for the Superintendent Jail to provide the medical facilities as required.Rasheed Masood v. CBI, 2014 SCC OnLine Del 6406, decided on 14-11-2014