The Delhi High Court has dismissed a CBI plea seeking cancellation of bail given to two accused in a Commonwealth Games-related corruption case for allegedly absconding for over six months during the probe.
Justice P.K. Bhasin Tuesday dismissed two separate petitions of the Central Bureau of Investigation (CBI) opposing the bail of Purushottam Dev Arya and Anil Kumar Madan.
The probe agency said that they were absconding for six months during the probe before being compelled to surrender and did not deserve to be released on bail.
The court rejected the plea and said that after the accused were released on bail nothing was reported against them and also co-accused A.K. Reddy had been granted bail by the Supreme Court on the ground of party.
"There is no doubt that against the accused (Arya) the special judge had to resort to proceedings under Sections 82 and 83 (declaration as proclaimed offender) of the Code of Criminal Procedure and it was only after his properties were ordered to be attached that he surfaced and surrendered himself after the rejection of his anticipatory bail application by this court," the order said.
"However, after he (Arya) had surrendered himself he remained in jail for some months and after his release from jail nothing was reported against him and even the co-accused A.K. Reddy has also now been granted bail by the Supreme Court.
"Bail to A.K. Reddy has also been granted on the ground of parity since all the accused involved in the main case were out on bail, this court does not consider it to be a fit case for cancellation of bail granted to the accused...," said Justice Bhasin.
In its first charge sheet indicting former Commonwealth Games Organising Committee chairman Suresh Kalmadi and 10 others, the CBI said that Madan and Arya, the authorised representatives of company Swiss Timing, which was fraudulently awarded the timing, scoring and results (TSR) equipment contract, were personally known to Kalmadi long before the mega-sporting event in 2010.
CBI Special Judge Talwant Singh had granted bail to the accused Jan 23 in the graft case. The court also gave them bail Feb 16 in an absconding case on the grounds of parity with other accused.