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This is an archive article published on October 1, 2011

2G scam: Kanimozhi bail hearing deferred to Oct 17

CBI has left the fate of Kanimozhi’s bail application to the special court hearing the case.

A Delhi court today deferred the arguments on the bail applications of DMK MP Kanimozhi and Kalaignar TV MD Sharad Kumar,accused in the 2G spectrum case,on their plea that they may be heard after the judge frames charges in the case.

Special CBI Judge O P Saini agreed to their plea and said the arguments on their bail applications can be heard on October 17 as it may frame charges against the accused by that time.

“I want to complete the process of framing of charges in the case by October 15. Fix the bail pleas of these two (Kanimozhi and Sharad Kumar) for October 17,” the judge said.

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Senior advocates Sushil Kumar and Altaf Ahmed,appearing for Kanimozhi and Sharad Kumar,apprised the judge that they are bound to obey the order of the apex court which,while dismissing their bail pleas on June 20,had said that such applications could be taken up only after charges are framed in the case.

“The order of the Supreme Court was made on the bail pleas of Kanimozhi and Sharad Kumar and we are bound to obey it,” senior counsel Ahmed said.

The court also deferred the arguments on the bail pleas of five other accused by October 3.

Yesterday,the CBI had left the fate of Kanimozhi’s bail application to the special court hearing the 2G case,while opposing the plea of Sharad Kumar.

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In separate replies filed to bail pleas of seven accused,CBI called for the dismissal of the bail applications of five: Shahid Balwa,Asif Balwa,Rajiv Agarwal,R K Chandolia and Kalaignar TV director Kumar.

But the agency told the court that it may pass “appropriate orders” on the applications of Kanimozhi and Karim Morani. Both have applied for bail under Sec. 437 CrPC,which allows bail if the applicant is under 16,or a woman,or sick or infirm.

In her bail plea,Kanimozhi argued that she deserves special consideration because she is a woman and has a minor schoolgoing child to take care of. Morani applied for bail on medical grounds. He mentioned six ailments including arthritis,lumbar spondylitis and cervical spondylitis.

On Kanimozhi’s application,the CBI said: “…In view of the fact that the investigation… is complete and supplementary chargesheet has been filed…,it is most respectfully prayed that appropriate orders as deemed fit may be passed in the interest of justice.”

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