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2G case: HC stays bail for RK Chandolia who is already out

In a curious order, the Delhi High Court today stayed the trial court order granting bail to R K Chandolia, former private secretary of A Raja, in the 2G spectrum case, if he has not already been released from Tihar Jail. Though the High Court order came today.

December 02, 2011 / 10:54 PM IST

In a curious order, the Delhi High Court today stayed the trial court order granting bail to R K Chandolia, former private secretary of A Raja, in the 2G spectrum case, if he has not already been released from Tihar Jail. Though the High Court order came today, Chandolia was out of Tihar yesterday evening following the grant of bail by Special CBI Judge O P Saini.


The High Court passed the order taking suo motu cognizance of news reports of bail granted to Chandolia saying his release would have an "impact" on a plea of former Telecom Secretary Siddharth Behura. It had earlier reserved its verdict on the bail plea of Behura.


"In the meantime, in case R K Chandolia has not been released on bail, there shall be a stay against the operation of the said order of bail purported to have been passed on December 1, 2011 by the Special Judge, till the next date of hearing," Justice V K Shali said in his three-page order. The High Court, exercising its power of superintendence, decided to examine the "legality", "propriety" and "correctness" of the bail order and issued notices to CBI and Chandolia for December 7.


"The decision on his application for grant of bail is going to have an impact on the bail application of Siddharth 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 allegations made qua him," Justice Shali said.

The lower court yesterday granted bail to Chandolia saying his case "cannot be equated" with that of A Raja and Behura, now the only two accused still in jail. CBI opposed bail to Chandolia and Behura saying roles of public servants be viewed "differently" and "seriously" as they are custodian of government properties.

first published: Dec 2, 2011 06:00 pm

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