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SC notice to CBI on bail pleas of Chandolia, Behura
With corporate honchos out on bail in the 2G scam, the Supreme Court on Monday set out to examine the possibility of granting bail to the two main accused — former Telecom Secretary Siddharth Behura and RK Chandolia, the private secretary to former Telecom Minister A Raja.
Issuing notice on the fresh bail plea of Behura, the bench of Justices GS Singhvi and SJ Mukhopadhyay posted the matter in February when it is expected to hear the petition by Chandolia challenging the Delhi HC suo motu order cancelling his bail. The apex court had granted stay on the HC order on December 7, 2011, which will operate till next date of hearing.
Appearing for Behura, senior advocate Aman Lekhi drew the attention of the court to the Delhi HC order of December 16, 2011 denying him bail. While Behura has adopted a defence that 12 out of 14 accused were out on bail, Justice VK Shali of the HC said, “One thing, which emerges from their (witnesses) statements, is very clear that the petitioner (Behura) has been a perpetrator of illegal design of Raja and, therefore, his role was distinguishable from 10 accused who have been granted bail and were beneficiary of that illegal act.”
Even the nature of evidence against Behura was found to be “very serious” entailing life term under section 409 (criminal breach of trust) of the IPC, the HC said. When Lekhi requested responses, if any, from the CBI to be filed before the next date, the bench said, “No replies are needed in this matter.”
Appearing for Chandolia, senior advocate Mukul Rohatgi suggested that the stay on his re-arrest must continue till the next date. Interestingly, Justice Shali had suo motu suspended Chandolia’s bail being of the view that his bail order could have an adverse “impact” on the pending bail plea of Behura heard by him. At present, except for Behura and Raja, all other accused in the case are out on bail.
With corporate honchos out on bail in the 2G scam, the Supreme Court on Monday set out to examine the possibility of granting bail to the two main accused — former Telecom Secretary Siddharth Behura and RK Chandolia, the private secretary to former Telecom Minister A Raja.
Issuing notice on the fresh bail plea of Behura, the bench of Justices GS Singhvi and SJ Mukhopadhyay posted the matter in February when it is expected to hear the petition by Chandolia challenging the Delhi HC suo motu order cancelling his bail. The apex court had granted stay on the HC order on December 7, 2011, which will operate till next date of hearing.
Appearing for Behura, senior advocate Aman Lekhi drew the attention of the court to the Delhi HC order of December 16, 2011 denying him bail. While Behura has adopted a defence that 12 out of 14 accused were out on bail, Justice VK Shali of the HC said, “One thing, which emerges from their (witnesses) statements, is very clear that the petitioner (Behura) has been a perpetrator of illegal design of Raja and, therefore, his role was distinguishable from 10 accused who have been granted bail and were beneficiary of that illegal act.”
Even the nature of evidence against Behura was found to be “very serious” entailing life term under section 409 (criminal breach of trust) of the IPC, the HC said. When Lekhi requested responses, if any, from the CBI to be filed before the next date, the bench said, “No replies are needed in this matter.”
Appearing for Chandolia, senior advocate Mukul Rohatgi suggested that the stay on his re-arrest must continue till the next date. Interestingly, Justice Shali had suo motu suspended Chandolia’s bail being of the view that his bail order could have an adverse “impact” on the pending bail plea of Behura heard by him. At present, except for Behura and Raja, all other accused in the case are out on bail.
