The Delhi high court on Friday granted bail to former Commonwealth Games (CWG) Organising Committee (OC) official T.S. Darbari, as the investigating agency CBI has failed to complete its probe and file the chargesheet against him within the stipulated 60 days period.
The court has, however, deferred the bail plea of another sacked official, M. Jayachandran, till January 17.
The accused duo are facing charges of causing losses to the exchequer in award of contract to the tune of `1.55 crores with regard to Queen’s Baton Relay (QBR) on October 29, 2009 in London before the mega event.
Justice Hima Kohli granted Mr Darbari bail on a technical ground as the CBI has failed to file a charge sheet against him within the stipulated 60 days period of his arrest.
The court said, “Darbari is admitted to bail on furnishing a personal and surety bond of `50,000 each.”
Mr Darbari, a former aide of the OC chief Suresh Kalmadi, was arrested by the Central Bureau of Investigation on November 15, while Jayachandran was arrested on November 21, 2010 for his alleged role for making suspicious payments to an Indian-owned London-based private firm AM Car and Van Hire Limited during the QBR function in London.
Justice Kohli granted bail to Mr Darbari, the former OC joint director general who is in Tihar jail since his arrest, after the CBI prosecutor informed the court that the agency cannot file the chargesheet within the stipulated 60 days period prescribed under the Criminal Procedure Code (CrPC) since investigations have not been completed in the case. According to sources there is strong possibility that Mr Darbari may turn approver in the case also. During the hearing, Mr Darbari’s counsel, Tanvir Ahmed, contended that his client is eligible to be released on bail as the CBI has failed to complete its probe within the prescribed time limit. Similarly, advocate R.K. Handoo, appearing for Jayachandran, submitted that his client should be granted bail on the ground that the CBI has been unable to file a charge sheet against him till date.
The court, however, after hearing the arguments of Mr Handoo, deferred the bail plea till January 17. The accused duo have approached the Delhi high court after a lower court had dismissed their bail pleas saying corruption in awarding the contracts by the OC has tarnished the image of the country and that the probe in the case was at the nascent stage and they (accused) being influential can tamper with the ongoing probe.
Meanwhile, the CBI on Friday said that the chargesheet in the case was yet to be filed. A high ranking official of the agency said, “The evidence from London, where the entire transaction took place in connection with the contract related to QBR, is yet to be collected. This is the reason that the agency could not file the chargesheet”. The agency will soon send a ‘Letters Rogatory’ to the authorities concerned in London in this regard”.