NEW DELHI: Former Union Communications Minister Sukh Ram charged with amassing assets disproportionate to his known sources of income following the sensational recovery of over Rs 3.6 crore from his houses during CBI raids in August, was today granted bail by Delhi High Court. Holding that there was little likelihood of the Member of Parliament fleeing from Justice or his tampering with evidence, which includes two diaries in CBI’s possession which are still to be fully decoded, justice Mahajan ordered that Sukh Ram be released from Tihar Jail on his furnishing a personal bond of Rs two lakh and one surety of the like amount to the satisfaction of the trial court.

The court further directed Sukh Ram to surrender his passport to the CBI within two days and not to leave the country without the trial court’s permission. He was also told not to operate his bank lockers without the court’s approval and to join investigation whenever summoned by the CBI. Holding that bail was the rule and jail the exception even in nonsalable offenses, Justice Mahajan said the two paramount considerations before granting bail was the likelihood of the accused fleeing from justice or tampering with evidence.

“The question is whether bail can be refused to a person merely on the ground that some of the pages of the diaries have yet to be decoded and how much time it will take to decode the diaries is not known even to the investigating agency. Can bail be refused on the ground that there is still uncertainty about the persons who may be involved along with the petitioner on account of the dairies having not been decoded,” Justice Mahajan queried. Sukh Ram, arrested by the CBI on his return from London on September 19 after a board of doctors pronounced his condition stable. Sukh Ram, who has been a Central Minister for the past nearly ten years, has been charged with two cases under the Prevention of Corruption Act— one for allegedly causing a loss of Rs 1.68 crore to the exchequer through an irregular telecom deal.

Article extracted from this publication >>  October 16, 1996