HC asks ex-MCD councillor to move regular bench for bail plea

New Delhi: The Delhi High Court today asked ex-MCD councillor Hiren Tokas, who is serving a five-year jail term in a bribery case, to approach its regular bench for his bail. "Take your chances before regular bench," Justice Pratibha Rani said and listed the matter for hearing on July 14. The court refused to pass any interim order on the bail plea moved by Tokas after perusing the status reports filed by CBI and Tihar jail authorities. Tokas had sought bail on the ground that he is still in pain as a result of fracture he suffered in February this year and needs follow up medical treatment at a hospital of his choice. He has also cited the poor health of his parents as a ground for availing the relief, saying his father is suffering from cancer and undergoing chemotherapy, while his mother is visually impaired. CBI, in its status report, filed through advocate P K Sharma, has said that the contention made by Tokas regarding the health of his parents is genuine. However, his younger brother resides with his parents and can take care of them, it said. Tihar jail authorities, on the other hand, have said in their report that Tokas is now in a stable medical condition. The prison authorities have also said that he had, in February this year, suffered fracture of his left shoulder bone and had been admitted in the jail hospital from May 22 to June 2. Appearing for Tokas, advocate Sumeet Verma said that his client has ailing parents at home and he needs to take care of them as well as requires follow up medical treatment for his injuries. He also said that his younger brother does not reside with his parents and lives separately. During arguments, the court queried, "Does staying at a different address absolve the petitioner`s brother from taking care of his ailing parents?" Earlier, the high court had asked the Superintendent of Tihar Jail to submit a medical report on the health condition of Tokas and had asked CBI to verify the medical status of his parents and submit a report. A CBI court had on May 29 awarded five years jail term to Tokas, the then MCD councillor of ward number 15 in R K Puram here, for taking a bribe of Rs 20,000 from a shopkeeper in 2003. The court had also awarded one year jail term to Subhash Chander Jain who had conspired with Tokas. It had held Tokas guilty for offences punishable under provisions of the Prevention of Corruption Act. Tokas and Jain were also convicted for the offence under section 120-B (criminal conspiracy) of IPC. The CBI court had granted bail to Jain on a personal bond of Rs 30,000 with one surety of like amount. According to CBI, Tokas was a MCD councillor in 2003 and he had conspired with Jain to demand illegal gratification of Rs one lakh from Lalit, a shopkeeper, for influencing MCD officials for not getting his alleged illegally constructed shop demolished.