New Delhi: DMK MP Kanimozhi and former telecom minister A Raja must have heaved a sigh of relief after hearing the Supreme Court order of granting bail to five corporate executives charged in 2G spectrum allocation case, as the decision raises hopes for their release too.
A few hours after the court order, Kanimozhi, Kalaignar TV MD Sharad Kumar and film producer Karim Morani moved the High court for early hearing of their bail plea.
Kanimozhi and A Raja, who celebrated Diwali behind bars this year, has not been granted bail so far. Kanimozhi, in particular, has been seen in tears on many occasions after the court denied her bail.
Last time, the court rejected her bail plea, saying that the "crime committed was a deliberate offence, an economic offence and very serious in nature."
Wednesday's decision was the first time that any of the accused in the 2G scam has been granted bail and this can be cited as a precedent by the lower court, say experts.
Sanjay Hedge, a Supreme Court lawyer, says the bail order would definitely impact the cases of other accused.
"You will recollect that there were some accused against which the prosecution did not even oppose the bail. And they continue to remain in jail. In such cases, it is pretty certain that the courts would consider the facts that other accused have got bail," he said.
He further said that Wednesday's order would be greatly persuasive and help the trial court as well as the High Court in its decision of bail matters.
However, he said that some of the accused "who are central to the controversy may not get the benefit". But largely the corporate people who are on the periphery of the scam, would benefit from the order, he said.
DMK leader TR Baalu said, "Let us wait for the first petition already being moved, may be HC hearing it on Thursday. We have got very good hope now. We all are hopeful."
A Raja, who has been accused of the mastermind behind the scam, has been charged with criminal conspiracy for criminal breach of trust, cheating, forgery, accepting bribe/illegal gratification and misuse of office.
While the bail plea of Kanimozhi is due to come up for hearing before the Delhi High Court on December 1, Raja has not applied for bail in any of the courts so far.
Raja's lawyer Sushil Kumar said, "Other accused should also get bail given that the charges are of conspiracy."
The CBI had chargesheeted 14 persons in the scam, with Raja being the first to be arrested on February 2, along with his former Private Secretary Chandolia and former Telecom Secretary Behura. The five executives, who were on Wednesday granted bail, were arrested on April 20.
On Wednesday, a Supreme Court bench comprising justices GS Singhvi and HL Dattu directed the release of the five corporate executives - Unitech Limited MD Sanjay Chandra, Swan Telecom Director Vinod Goenka and Reliance Anil Dhirubhai Ambani group executives Hari Nair, Gautam Doshi and Surrendra Pipara.
They had been lodged in Tihar jail for over six months.
They were asked to furnish two sureties of Rs 5 lakh each to the satisfaction of the special judge holding the trial of the case as bail condition. The operative part of the judgement was read out by Justice Dattu.
The accused had moved the apex court challenging Delhi High Court and trial court orders turning down their bail pleas.
CBI had opposed their release on bail, saying they could approach the trial court for relief.
The accused, who have been charged with various offences under the Indian Penal Code and the Prevention of Corruption Act, had contended they should be granted bail as charges have already been framed in the case and there is no chance of them tampering with evidence.
Other accused in the case include Raja's Private Secretary RK Chandolia, who is a suspended IRS officer, and former Telecom Secretary Siddhartha Behura.
Others arrested in the case include Swan Telecom promoter Shahid Usman Balwa, his cousin Asif Balwa and their colleague Rajeev Agarwal, besides DMK-run Kalaignar TV MD Sharad Kumar and Mumbai filmmaker Karim Morani.
Three telecom firms Reliance Telecom Ltd, Swan Telecom and Unitech (Tamil Nadu) Wireless Ltd too have been listed as accused in the CBI chargesheet in the case.
The CBI had chargesheeted 14 persons in the scam, with Raja being the first to be arrested on February 2, along with his former Private Secretary Chandolia and former Telecom Secretary Behura.
The five executives, who were on Wednesday granted bail, were arrested on April 20.
Besides Kanimozhi, the four others who have moved the High Court against the special court's order on bail are Kalaignar TV MD Sharad Kumar, Kusegaon Fruits and Vegetables Pvt. Ltd. Directors Asif Balwa and Rajeev Agarwal and film producer Karim Morani.
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