The duo, who had been in custody since their arrest on April 3, had filed their bail applications on Monday.
The bail plea filed by Pathak's lawyer Swapna Kode contended that he is entitled to be released as the charge sheet was not filed within 60 days and the stipulated period came to an end on June 4.
"All the said offences are punishable for less than 10 years and... Therefore the CBI ought to have filed the charge sheet within 60 days from the date of his production before this court," said the bail application.
Tiwari's lawyer Sadanand Shetty had also contended that he is entitled to get bail on the same grounds.
Earlier on May 29, the sessions court granted bail to seven accused - IAS officer Pradeep Vyas, former deputy secretary in urban development department P V Deshmukh, Brigadier (retd) M M Wanchoo, retired Defence Estates Officer R C Thakur, Major General (Retd) A R Kumar, Major Gen (Retd) T K Kaul and former MLC Kanhaiyyalal Gidwani - after they moved the court for bail.
Their 60 day period ended earlier as they were arrested on March 20 and 21.
All the accused have been charged with criminal conspiracy under IPC and various sections under the Prevention of Corruption Act and Benami Transactions (Prohibition) Act.
The scam pertains to alleged irregularities in construction and allotment of apartments in the 31-storeyed high rise, originally meant for families of Kargil war heroes, in the upmarket Colaba area in south Mumbai.
The Bombay High Court is monitoring the probe being conducted by CBI, Enforcement Directorate and Income Tax. The next date for hearing is June 18.
The CBI is likely to file charge sheet this month in this case as per the directive of the High Court.
