HC grants anticipatory bail to Dalmiya associate

Mumbai, Apr 21 (UNI) Bombay High Court today came down heavily on the prosecution stating that 'the complaint smacks of mala fide' while granting anticipatory bail to Board of Cricket Control for India's former President Jagmohan Dalmiya's associate and co-accused M K Choudhary in the misappropriation of the World Cup account funds.

Justice V M Kanade, while granting bail directed Choudhary to furnish a surety of Rs 25,000 and attend the office of the Economic Offence Wing for a week from May 2 between 0900 hours and 1700 hours.

Arguing on behalf of the petitioner, advocates Satish Maneshinde, Sayaji Nagre and Huzefa Nasikwala contended that the petitioner was an employee of Dalmiya's company and managed his accounts including work related to BCCI.

Public Prosecutor Mankunwar Deshmukh, while countering the arguement stated that Choudhary was not an employee of BCCI and therefore, even the signatory authority (Dalmiya) could not instruct him to operate the BCCI's World Cup account. She presented to the court copies of the letters submitted to the Indian Overseas Bank, written by Choudhary, instructing issue of demand drafts, including one DD addressed to BCCI.

She also submitted a copy of the Bank's Branch Manager's statement related to the transactions.

The court held that while the Branch Manager was only doing his duty, even the BCCI's then President, Dalmiya, had not objected the bank from following Choudhary's instructions. Justice Kanade stated that in this age of e-commerce, instructions were followed by banks even when conveyed on phone and it was routine work, therefore could not be held against the accused.

With the available evidence, the court did not find reason to keep the accused in custody for interrogation. Justice Kanade told prosecution that if they came up with further evidence in future, the court would do the needful and grant the bail.

UNI XR-ARM ADG SKB AD BST1922