HC: Granting bail depends on seriousness of cases

December 21, 2011 15:02
HC: Granting bail depends on seriousness of cases

The AP high court had given an earful to the counsel of illegal mining case accused Mr Rajagopal during the hearing on the CBI petition that challenged his bail.

Justice NRL Nageswara rao, who has been hearing the CBI petition, has raised several questions over granting of bail to Rajagopal.

“What did Mr Rajagopal do to curb illegalities in mining by the OMC in his capacity as the director of the AP mining department and the state mining corporation when the Supreme Court was seized of the matter? Didn’t he know that an SC empowered committee was looking into the illegal mining?  Did he keep quiet while the OMC was indulging in illegal iron ore mining all the way?” Justice Nageswara Rao asked his counsel Mr Padmanabha reddy.

The court said that seeking bail is a fundamental right of the accused but the SC has set down certain limitations and guidelines on granting bail depending on the seriousness of the cases.

“Rajagopal’s brother-in-law is also a director in the OMC and what is the guarantee that Rajagopal will not influence the witnesses if he is released on bail when the investigation is yet to be completed?” asked the judge.

Indirectly hinting that the special CBI court judge made a mistake in granting bail to Rajagopal, Justice Nageswara rao observed that while granting bail to the accused, lower court judges should consider not just the law but also the nature and seriousness of the case.

While the counsel for Rajagopal argued that his client could be released on bail since the charge sheet has been filed, CBI counsel objected to it saying three witnesses had written letters fearing threat to their lives from Rajagopal.

“He should not be given bail as witnesses fear threat to their lives from him,” said the CBI counsel and handed over letters to the Judge. (JUBS)

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