The Supreme Court on Thursday dismissed the anticipatory bail petitions of two businessmen, cited as accused by the CBI in a corruption case relating to award of contract to a Swiss firm for installing the Times, Scoring and Result system in the Commonwealth Games.
A Bench of Justices J.M. Panchal and H. L. Gokhale rejected the petitions of A. K. Madan and P.D. Arya, promoters of the Faridabad-based Gem International. The Bench, after hearing senior counsel Mukul Rohatgi, asked the two to approach the trial court for regular bail, which would be decided expeditiously.
The two were declared proclaimed offenders as they were evading arrest by the trial court and the CBI had initiated proceedings to confiscate their property.
“Mere promoters”
Mr. Rohatgi submitted that they had no direct role in the alleged irregularity in award of the contract to Swiss Omega as they were merely promoters of Gem International, which was awarded the sub-contract. He argued that Gem International was sub-contracted by Swiss Omega only for Rs. 23 crore out of the Rs. 107-crore contracts awarded to the Swiss firm.
Counsel submitted that Mr. Madan, was a terminally ill patient, suffering from multiple medical complications such as spondylitis, cardiac and retinal detachment. He assured the court that Mr. Madan would cooperate with the CBI in the probe once he was granted bail.
Justice Panchal told counsel that the trial court had recorded a finding that Mr. Madan was not cooperating with the investigating agency and that summons and proclamation orders were issued against the accused only after finding that they were not cooperating. The Bench then dismissed the petitions.
