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Supreme Court asks CBI to state stand on Chandolia, Behura bail pleas
January, 03rd 2012

The apex court has asked the CBI to clearly state its stand on the bail pleas of RK Chandolia, aide of former telecom minister A Raja, and Siddharth Behura, ex-telecom secretary, in the 2G spectrum case.

A bench comprising Justices GS Singhvi and SJ Mukhopadhaya on Monday rejected the plea of Chandolia seeking an order on the matter without hearing the plea of the investigative agency. "We want to know the stand of the CBI. Without hearing the CBI, no order can be passed," said Justice Singhvi. The bench asked the CBI to place on record an affidavit delineating its stand on the bail plea of Chandolia.

It, however, extended the interim order of the apex court, which had put on hold the Delhi High Court order staying the bail granted to Chandolia by the trial court. Chandolia will now remain out of jail till the next date of hearing. Out of the 14 accused in the 2G scam case, only the prime accused, A Raja, and Behura remain in jail as the 12 other accused have been granted bail by different courts. It posted the both the matters for a detailed hearing next month.

Senior counsel Mukul Rohatgi, appearing for petitioner Chandolia, said, "This is an extraordinary case. The high court on its own motion had taken cognisance and stayed the operation of the bail granted (to Chadolia)." Rohatgi told the bench that the CBI was not a party before the Delhi High Court, which had stayed the bail granted to the petitioner.

The SC also issued a notice to CBI on the bail plea of Behura challenging the Delhi High Court's denial of bail on the ground that he was the "perpetrator" of the illegal design of Raja and cannot claim benefit of parity with others who were released on bail in the case. Earlier, a bench comprising Justices Altamas Kabir, SS Nijjar and J Chelameswar had suspended the high court order after Rohatgi had said that the high court may cancel the bail granted to Chandolia.

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