The Delhi high court on Monday granted bail to a “critical” Amar Singh, an accused in the cash-for-votes scam, on “humanitarian grounds”. But fellow Rajya Sabha MP Kanimozhi, an accused in the 2G spectrum case, will have to wait out Diwali in Tihar jail with a special CBI court deferring its judgment on her bail petition till November 3.
Singh, 55, is undergoing treatment at AIIMS for a kidney ailment. “Keeping in view the critical health condition of Singh, as he has been continuously in hospital since October 12, on humanitarian grounds I deem it fit to grant him bail,” the judge, Suresh Kait, said.
“He still requires hospitalisation. Though there is a lot of improvement, he is not fit enough to be discharged yet,” said Dr DK Sharma, medical superintendent, AIIMS.
Conceding he was unwell, the Delhi Police did not oppose Singh’s plea, a surprising softening of their earlier stand that there was “strong circumstantial evidence” that it was Singh who sent money to three BJP MPs to influence the 2008 trust vote.
The court asked the MP to furnish a personal bond and two sureties of Rs 50 lakh each. It also told him not to leave the country without its permission. Singh's lawyer said he plans to move a plea seeking permission to go to Singapore for treatment.
"Doctors have advised him not to go into crowded areas and remain in very hygienic conditions to avoid infection. Obviously, jail is not such a place where conditions as required could be made available," the court said.
Appearing for the police, additional solicitor general Mohan Parasaran said, "We have seen the medical reports by AIIMS. As they come from a reputed institute, we cannot dispute them and the parameters show all is not well."
In the CBI court, Kanimozhi's chances of leaving jail brightened with the CBI not opposing her plea, as the investigation against her was over and charges had been framed. But the DMK leader, in jail since May, still has at least a 10-day wait behind bars.
Two days after the court charged her with criminal breach of trust and criminal conspiracy in the 2G case, Kanimozhi, 43, looked crestfallen after the court deferred the order on her bail plea till November 3.
Along with Kanimozhi, the court took up the bail pleas of Kalaignar TV MD Sharad Kumar, Kusegaon Fruits & Vegetables directors Asif Balwa and Rajiv Agarwal and Bollywood producer Karim Morani , all in jail for the past several months.
The CBI told the court bail could be granted to them "subject to the discretion of the court, which may impose certain conditions to ensure their presence during the hearings".
However, the agency objected to the bail pleas of Swan Telecom promoter Shahid Balwa and RK Chandolia, A Raja's former private secretary, saying the charges against them carry a maximum seven-year jail term.