Finally its bail and no more jail for Kanimozhi as the Delhi High Court granted the much sought relief to her on Monday. However, it is going to be another day’s wait for her release from Tihar jail here as the release warrants could not be issued by the special judge due to procedural delay.
Besides Kanimozhi, others who were granted bail are Kalaignar TV MD Sharad Kumar, Bollywood filmmaker Karim Morani, Kusegaon Fruits and vegetables Pvt Ltd directors Rajiv Aggarwal and Asif Balwa accused in the 2G scam on the parity of the Supreme Court order that granted bail to five corporate executives last week.
Justice VK Shali, in his 40-page-order said, “Bail is the rule and denial thereof is the exception. For the purpose of denial of the bail there must be extraordinary circumstances necessarily meaning bail ought not to be denied to an accused only on the ground of general sentiments of the community as it impairs the right to liberty guaranteed to an accused.”
Following the Supreme Court order of bail, Justice Shali said, “There is a presumption of innocence in favour of the accused till he is found to be guilty.” All five have been asked to furnish two sureties of five lakh each to secure bail.
“The petitioners before me stand on a better footing, therefore, they ought not to be denied the benefit of bail because the offence of which they are charged carries punishment of only five years,” the order reads adding it cannot do hair splitting of the order of the Supreme Court and make out a distinction when there is none so as to deny the benefit of said order by saying the petitioners are charged with serious charges.
The court gave Kanimozhi, the benefit of being a woman and mother and said, “She deserves bail.”
Justice Shali also kept a soft corner for Morani and said, “He is admittedly a patient, who has undergone various surgical procedures and his health is a concern.” The court, however, reserved its order on the bail plea of sixth accused and former Telecom Secretary Siddhartha Behura, saying it will pronounce its judgment later as his plea has been opposed by the CBI.
Earlier, additional solicitor general Mohan Parasaran said the probe agency was not opposed to grant of bail to the five persons except Behura and they can be released on the ground of parity as the Supreme Court has already given the same benefit to five other co-accused in the case. The ASG, however, opposed Behura’s bail plea saying the bail pleas of public servants require stricter scrutiny as they are the trustees of public property.
Imposing the same conditions as of the SC on the condition that they would surrender their passports and will not go abroad without court’s permission. It further said the accused will have to appear before the Special CBI court on each hearing and have to take prior permission for not attending the proceedings.
