IMPORTANT POINT
The severity of the allegations, the influence and dominance of the accused, and the lack of merit in the claim for bail on the ground of parity were central legal points established in the judgment.

JUDGMENT

Vikas Mahajan, J. -

CRL.M.A. 21530/2023 (exemption) & CRL.M.A. 21529/2023 (additional documents)

1. Allowed, subject to all just exceptions.

2. The applications stand disposed of.

BAIL APPLN. 2056/2023 & CRL.M.(BAIL) 848/2023 (interim bail)

3. The present petition has been filed seeking regular bail in RC No. 2182023A0005 under Sections 7/7A/12 of the Prevention of Corruption Act, 1988 read with Section 120B IPC, 1860 registered at PS CBI/AC-III.

4. Initially, the petition was filed seeking default bail under Section 167(2) CrPC but during the course of arguments, Mr. Mohit Mathur, learned Senior Counsel for the petitioner, on instructions, gave up the prayer for default bail under Section 167(2) CrPC and limited the present petition to seeking regular bail on merits.

5. Vide order dated 14.06.2023, notice was issued in the present matter and the respondent was directed to file a status report. The respondent has filed a reply dated 05.09.2023, which forms part of the record.

6. The case of the respondent as borne out from the RC is as under:

i. Information was received by the respondent that the petitioner, a neurosurgeon at Safdarjung Hospital, in criminal conspiracy with the co-accused namely, Avnesh Patel, Manish Sharma, Deepak Khattar (proprietor of Kanishka Surgical) and Kuldeep (employee of Deepak Khattar) (who all acted as middlemen), was indulging in corrupt and illegal activities by taking money without authority for giving medical advice and conducting surgery of the patients by-passing the laid down rules regarding treatment in Safdarjung Hospital, New Delhi.

ii. The information further revealed that the modus operandi adopted was that the petitioner would direct the patients through the middlemen to purchase the instruments required for surgery from Kanishka Surgical, the shop of Deepak Khattar (co-accused) and compelled the patients or their caretakers to pay an amount manifold higher than the actual price. Thereafter, commission was paid to the petitioner.

iii. The source information further revealed that Avnesh Patel (coaccused) on behalf of the petitioner would contact the attendants of the patients and explained to them that he can arrange an appointment if they pay a bribe and agree to procure instruments required for surgery from the shop of Deepak Khattar (Kanishka Surgical). The money for the aforesaid purpose was paid in cash or was paid through banking channels in the accounts of Kuldeep or Deepak Khattar.

iv. The source information further revealed that co-accused Avnesh Patel in conspiracy with the petitioner and other coaccused forcefully obtained money from attendants of patients suffering from acute medical condition in lieu of providing them an early date for the required surgery and the time for the surgery was decided by the petitioner. The money so received was delivered by Avnesh Patel to the petitioner or the same was disbursed to other individuals as per the directions of the petitioner.

v. It was also revealed that on 10.03.2023, a sum of Rs. 1,15,500 was transferred by Mrs. Simran Kaur (attendant of patient Ajeet Singh) into the account of Kuldeep after Avnesh Patel in conspiracy with the petitioner contacted her stating that the patient had cervical issues and he needed spinal surgery.

vi. Similarly, on 14.03.2023, Avnesh Patel in conspiracy with the petitioner obtained bribes of Rs. 25,000/- & Rs. 30,000/- from the attendants of patients, namely, Madan Lal and Shyamu Lal, respectively, and the petitioner was confirmed about the collection of the same.

vii. On the same day, a sum of Rs. 30,000/- was also got transferred from Syed Atif Ali (attendant of Md. Syed Hasan Ali) by Manish Sharma in criminal conspiracy with the petitioner into the account of co-accused Kuldeep.

viii. It was further revealed in the information that the petitioner has been laundering his illegal gotten gains through an individual namely, Ganesh Chandra and the petitioner directed co-accused Avnesh Patel to send money to G