2G case: Delhi High Court stays Chandolia’s bail


New Delhi : The Delhi High Court Friday stayed the bail granted by a CBI special court to former telecom minister A. Raja’s ex-private secretary R.K. Chandolia in the 2G case and called for the trial court’s records on the bail order.

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Chandolia, who left Tihar Jail Thursday evening within hours of getting bail from the trial court, was asked to appear before the high court Dec 7.

Taking suo motu cognisance of his bail order reported in media, Justice V.K. Shali said: “The decision on his (R.K. Chandolia) application for grant of bail is going to have impact on the bail application of former telecom secretary Siddhartha Behura, on which order has been reserved, apart from the fact, question arises as to whether the order of grant of bail was just proper or arbitrary or unreasonable having regard to the facts of the case and the allegation made qua him.”

Staying the bail order passed by the Central Bureau of Investigation (CBI) Special Judge, Justice Shali said: “In the meantime, in case R.K. Chandolia has not been released on bail, there shall be stay against the operation of the said order of bail purported to have been passed Dec 1 by the special judge, Patiala House court, till the next date of hearing.”

Directing Chandolia to appear before it, the high court said: “The matter shall be listed before this court … Dec 7.”

It also issued notice to Chandolia and the CBI seeking their response.

Justice Shali called for the record of the bail application of Chandolia, the reply filed by the CBI, and the copy of the order or other relevant documents.

The high court Monday granted bail to DMK MP Kanimozhi, Kalaignar TV chief Sharad Kumar, Cineyug Films’ Karim Morani and Kusegaon Fruits and Vegetables Pvt. Ltd. directors Rajiv B. Aggarwal and Asif Balwa.

It reserved its order on Behura’s bail plea Thursday.

Special Court Judge O.P. Saini Thursday granted bail to Chandolia and directed him to furnish a personal bond of Rs.3 lakh with two sureties of same amount.

The same court Tuesday granted bail to Swan Telecom promoter Shahid Usman Balwa, citing the “principle of parity” with five co-accused given bail by the Supreme Court.

The apex court Nov 23 granted bail to Unitech’s Sanjay Chandra, Swan Telecom’s director Vinod Goenka and Reliance Group’s executives Hari Nair, Gautam Doshi and Surendra Pipara.

“…(five co-accused have) been released on bail by the Supreme Court, five by the (Delhi) High Court and one by this court. I am of the humble opinion that further incarceration of accused would not serve any purpose,” said Judge Saini while granting bail to Chandolia.

Chandolia was one of the three public servants arrested in the case, the others being Raja and Behura. Raja has so far not applied for bail.

Now only two accused, of the 14 people arrested by the CBI in the corruption scandal, remain in jail. They are Raja and Behura.