iconimg Monday, August 03, 2015

PTI
New Delhi, July 08, 2013
A Delhi court on Monday granted bail to an alleged middlemen in the Rs. 10-crore railway bribery case, while reserving its order on the bail plea of Vijay Singla, nephew of former railway minister Pawan Bansal. Special CBI Judge Swarana Kanta Sharma granted bail to Ajay Garg, an alleged conduit who was instrumental in fixing the bribe amount for getting a favourable post for then Railway Board member (staff) Mahesh Kumar, who is also an accused in the case.

While directing Garg to furnish a personal bond of Rs. 5 lakh and two sureties of an equal amount, the judge, in her order, said, "At this stage, it was not clear whether he would have benefited in case accused Mahesh Kumar would have got the posting of his choice."

The court also said that he should not delay proceedings by filing frivolous applications or seeking unnecessary adjournments during the hearing, which may lead to cancellation of his bail and also directed him not to leave the country or influence the witnesses.

Earlier during the day, the court heard the arguments on bail on Singla's behalf.

Singla's counsel said the alleged bribe money recovered by the CBI was part of a business transaction. He submitted that the CBI was relying on some intercepted conversations, but since the same has been procured illegally, "recovery of money from me cannot be declared illegal gratification only on the basis of the telephonic conversation, the permission to intercept which was itself obtained illegally."

The CBI rebutted his argument, saying that the conversations had not been intercepted illegally.
The court also heard the arguments on the bail plea of another alleged middleman, Sandeep Goyal, who said even Bansal had in his statement to the CBI refused to identify him.

Pawan Narang, arguing for Goyal, said, "How can I influence anyone or the minister or be a conduit when even the former railway minister has said that he does not know me? If the prosecution witnesses do not identify me in their statements, why should I remain behind bars?"

He also said the CBI had "failed" to show if any loss had been caused to the state exchequer, adding that the entire chargesheet was silent on any pecuniary or other loss.

While giving relief to Garg, the court noted that he was not present at the spot where the alleged bribe was being given and he had surrendered himself.

On the intercepted conversation relied upon by the CBI, the court said that "instead of 'talking', Garg has 'listened to' accused Sandeep Goyal and Vijay Singla and the conversation is largely in monosyllables."

The court will on Tuesday pronounce order on the bail pleas of Singla, Rahul Yadav, Sameer Sandhir and Sushil Daga.

The CBI had filed its chargesheet against 10 accused   Garg, Kumar, Singla, managing director of Bangalore-based GG Tronics India Pvt Limited Manjunath Narain Rao, Sandeep Goyal, Rahul Yadav, Sameer Sandhir, Sushil Daga, CV