A Delhi Court on Thursday dismissed the bail petition of Kanimozhi and seven others who were involved in the 2G spectrum allocation scam.
Special Judge O.P.Saini dismissed the bail pleas, including that of Former Telecom Secretary Siddharth Behura stating that the charges levelled against them were of serious nature.
The other accused whose bail pleas were rejected were namely former Telecom Minister A. Raja's erstwhile Secretary R.K. Chandolia, Swan Telecom Promoter Shahid Balwa, Kalaignar TV MD Sharad Kumar, Kusegaon Fruits and Vegetables Directors Asif Balwa and Rajiv Agarwal and Bollywood filmmaker Karim Morani.
The court said that the facts of the case and the charges levelled against the accused are of very serious nature having great implications for the country's economy.
Mrs. Kanimozhi's bail plea under Section 437 of Criminal Procedure Code on grounds of being a woman was set aside by the court. The court added that the accused Kanimozhi belongs to a upper class society and is also a member of the Parliament.
Special Judge O.P.Saini dismissed her bail petition along with other accused, even though the CBI had no objection to their release on the ground that they face trial for offences, entailing a maximum jail term of five years, if convicted.
The court rejected CBI's stand stating as there is no distinction between the accused charged on the basis of main charge sheet and supplementary charge sheet. There is only one charge sheet in the eyes of law.
The court also dismissed the pleas of various accused for bail on the ground that they had been suffering in jail for over five to nine months, while the trial was unlikely to conclude in near future.
Mr. Saini said that it is repeatedly submitted that these reasons make out good ground for bail to the accused. In the facts and circumstances of a particular case, whereby these factors may be considered relevant but in some cases it may not be so.
The court said that after framing charges under Section 409 of IPC (criminal breach of trust) which carries life imprisonment as the maximum punishment.
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