Taking note suo motu of grant of bail to the former Telecom Minister, A. Raja's then Private Secretary, R.K. Chandolia, in the 2G spectrum allocation case, the Delhi High Court on Friday the stayed bail order passed by the special court to see whether it was proper or arbitrary.
Justice V.K. Shali said: “The decision on his [Mr. Chandolia's] application for grant of bail is going to have an impact on the bail application of the former Telecom Secretary, Siddhartha Behura, on which order has been reserved. Apart from this fact, the question arises whether the grant of bail was just proper or arbitrary or unreasonable having regard to the facts of the case and the allegations made against him.”
To examine correctness
The judge said: “The High Court, exercising its power of superintendence, decides to examine the legality, propriety and correctness of the order.''
Justice Shali has reserved order on the bail application of Mr. Behura.
The Central Bureau of Investigation had opposed Mr. Chandolia's application, submitting that the parity principle for grant of bail could not be extended to him in view of his status as a public servant.
Issuing notices to the CBI and Mr. Chandolia for December 7, the court asked the former bureaucrat to appear before it that day.
Justice Shali said in his order: “In the meantime, in case Chandolia has not been released on bail, there shall be stay on the operation of the said order of bail purported to have been passed on December 1 by the Special Judge… till the next date of hearing.''
However, Mr. Chandolia is out of jail. Tihar jail authorities released him on bail on Thursday after he furnished the bail bond and two sureties.
