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Bail for Kanimozhi, four others in 2G case

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BS Reporter New Delhi

DMK MP Kanimozhi is just one night away from getting out of Tihar Jail, where she has now spent seven months. For, the Delhi High Court on Monday granted bail to the 43-year-old daughter of former Tamil Nadu chief minister M Karunanidhi, along with four others 2G accused in the 2G spectrum allocation case.

The others are Kalaignar TV managing director Sharad Kumar and Cineyug Entertainment’s Karim Morani, besides Rajiv Agarwal and Asif Balwa of Kusegaon Food and Vegetables. With this judgment, 10 of the 14 accused in the high-profile case are going to be out of jail.

For the accused and their families, on Monday’s news brought cheer — but nothing more, for now. None among the five could walk straightaway out of the prison, as special CBI judge O P Saini was not available to sign the release order. Reason: the document came in late.

WHO’S STILL IN, WHO’S OUT
* Sharad Kumar MD, Kalaignar TV, 
May 20
Karim Morani Mumbai filmmaker, 
30 March 
Asif Balwa and Rajeev Agarwal
Directors, Kusegaon Fruits and Vegetables Pvt Ltd, March 29
GRANTED BAIL ON NOVEMBER 23 (APRIL 20)
Sanjay Chandra MD, Unitech Ltd
Vinod Goenka Director, Swan Telecom
Gautam Doshi, Hari Nair, Surrendra Pipara  
Executives, Reliance Anil Dhirubhai Ambani Group
WAITING
A Raja 2 Feb 
R K Chandolia, Raja's Pvt Secretary 2 Feb 
Siddhartha Behura, Former Telecom Secretary, 2 Feb
Shahid Balwa, Director, Kusegaon Fruits and Vegetables Pvt Ltd, 8 Feb
CBI chargesheeted 14 persons DATE OF ARREST

 

As for former telecom secretary Siddharth Behura, the court is yet to pronounce the order on his bail application, which the CBI opposed on Monday.

The high court, in its order, said it was granting bail to five persons. “The conditions would be same as imposed by the Supreme Court,” pointed out Justice V K Shali.

The judge directed the accused to furnish a personal bond of Rs 5 lakh each. The bail has been granted subject to certain conditions: the appellants shall not make any inducement, threat or promise to any person acquainted with the case — and they will remain present before the trial court on all dates fixed for hearing of the case. The court also asked the accused to surrender their passports.

The order also stated that the CBI would be at a liberty to make an appropriate application for modification or cancellation of the order, if the petitioners violated any of its conditions.

On November 23, the Supreme Court had granted bail to three Reliance executives Gautam Doshi, Hari Nair and Surendra Pipara, besides Swan Telecom director Vinod Goenka and Unitech’s MD Sanjay Chandra.

Now, besides Behura, three others will remain in the jail: former telecom minister A Raja, his one-time personal secretary R K Chandolia and Swan Telecom managing director Shahid Balwa. Balwa’s and Chandolia’s bail pleas are coming up for hearing tomorrow at the special CBI court, while Raja, 48, is yet to apply for bail.

So, will the latest development increase the chances of getting bail for those who remain? A senior advocate says it should be taken as a precedent. “Bail is not to be granted under merit of the accused, but according to law,” he notes.

Earlier, the apex court had criticised the high court, along with the lower court, for not being reasonable in their decision to disallow bail to the accused in the case. It is “a denial of the whole basis of our system of law”, it had said.

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First Published: Nov 29 2011 | 12:50 AM IST

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