SHARAD KUMAR Vs. CBI

JUDGEMENT

(1.) These are five bail applications of Asif Balwa (A-13), Rajiv B.Aggarwal (A-14), Karim Morani (A-15), Sharad Kumar (A-16) and Kanimozhi Karunanithi (A-17) for grant of regular bail in respect of 2G Spectrum Scam case, which were registered vide RC DAI 2009 A 0045 by the CBI. All these applications are disposed of by a common order as they are interconnected and, moreover, the stand of the CBI in all these applications is common.

(2.) Briefly stated that the facts of the case are that on 21.10.2009, Anti Corruption Branch of CBI had registered the aforesaid FIR on the allegations of criminal conspiracy and criminal misconduct against the unknown officials of Department of Telecommunications, Government of India and some unknown private persons/companies and others under Section 120B IPC and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 in respect of allotment of Letters of Intent, Unified Access Services (hereinafter referred to as 'UAS') Licenses and 2G Spectrum by the Department of Telecommunications. CBI had filed the first charge sheet on 02.04.2011 in the Court of learned Special Judge, Patiala House Courts, New Delhi against A.Raja, the then Minister of Communications and Information Technology (A-1), Siddhartha Behura, the then Secretary, Telecom (A-2), R.K.Chandolia, the then P.S. to the Minister (A-3), Shahid Balwa and Vinod Goenka, Directors, M/s Swan Telecom Pvt. Ltd. (A-4 and A-5 respectively). M/s Swan Telecom Pvt. Ltd (A-6), Sanjay Chandra, Managing Director, M/s Unitech Wireless Tamil Nadu Ltd. (A-7), M/s Unitech Wireless Tamil Nadu Ltd. (A-8), Gautam Doshi, Group Managing Director of Reliance, ADA Group (A-9), Surendra Pipara, Group President of Reliance, Anil Dhirubhai Ambani Group (A-10), Hari Nair, Sr. Vice President of Reliance, ADA Group (A-11) and M/s Reliance Telecom Ltd. (A-12).

(3.) A supplementary charge sheet was filed in respect of this very FIR on 25.4.2011 in the Court of learned Special Judge for offences under Section 120B IPC read with Section 7/11/12 of the Prevention of Corruption Act, 1988 against Asif Balwa (A-13) of M/s Kusegaon Fruits & Vegetables Pvt. Ltd., Rajiv B.Agarwal (A-14), Director, Kusegaon Fruits & Vegetables Pvt. Ltd., Karim Morani (A-15) of M/s.Cineyug Media & Entertainment Pvt. Ltd., Sharad Kumar (A-16), Director/Promoter of M/s.Kalaignar TV Pvt. Ltd. and Kanimozhi (A-17) Promoter/Stakeholder of M/s Kalaignar TV Pvt. Ltd. In addition to this, the charge sheet also named A-1, A-4 and A-5.