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2011 (11) TMI 861 - HC - Indian Laws2G Spectrum Scam case - five bail applications for grant of regular bail - Prevention of Corruption Act, 1988 (PC ACT) - CBI had registered the 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 u/s 120B IPC and u/s 13(2) read with Section 13(1)(d) of the (PC ACT) 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 in the Court of learned Special Judge. A supplementary charge sheet was filed u/s 120B IPC read with Section 7/11/12 of the PC ACT. HELD THAT:- the accused are charged of economic offence of huge magnitude and if proved, it may jeopardize the economy of the country, yet at the same time, the Court observed that it cannot lose the sight of the fact that the charge sheet has already been filed and charges have been framed and keeping in view the voluminous nature of documents and the number of witnesses, which are to be examined by the prosecution, it will not be conducive to keep the accused persons incarcerated indefinitely during the period of trial, when there is no serious challenge to their fleeing from the processes of law or tampering with the evidence or not subjecting themselves to such orders as the Court may pass from time to time. It was also contended that the Supreme Court has reiterated the denial of bail to an accused has to be done as an exception and for cogent and sound reasons, as it affects his right to liberty guaranteed under Article 21 of the Constitution. In the light of the aforesaid facts and circumstances, Court allowed the bail applications of all the five accused persons and they are directed to be released on bail on their furnishing a personal bond in the sum of ₹ 5 lakhs each with two sureties for the like amount to the satisfaction of the learned trial Court, subject to the conditions.
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