Dinesh Dalmiya's bail set aside

Chennai, Dec 22 (UNI) The Madras High Court today set aside an order of the lower court granting bail to Dinesh Dalmiya of DSQ Software Limited, in the Rs 630 crore transfer of shares scam case.

Mr Justice R Regupathy set aside the order of the Fifth Additional Sessions Judge dated August 25, granting bail, on a revision petition filed by the CBI, Bank Securities and Fraud Cell.

Dalmiya was arrested on February 12, 2006. A bail plea was filed on May 2, under Sec 167 (2) CrPC (statutory bail) on expiry of 60 days, as investigation had not been completed. On May 30, the Additional Chief Metropolitan Magistrate dismissed the petition.

On a revision petition by him, the Sessions Judge granted bail.

Aggrieved, the CBI filed the present petition and pending disposal, a stay was granted by the High Court.

The judge said it was the prosecution case that the final report had been filed on conclusion of the investigation.

The accused was absconding at the time and was not available.

After the arrest, further investigation was taken up. It was the specific contention of the prosecution that the accused could not claim the benevolent provision of Sec 167 (2) CrPC.

In this case, the accused was absconding for two years and he had been declared a proclaimed offender. Once a final report was filed, grant of bail may have to be considered on merit. In this case, the accused had not taken any interest to canvas for bail on merits of the case, though the prosecution was willing to submit arguments on merits of the case, the court observed.

The language of the Supreme Court could not be interpreted to mean that an absconding accused remanded to judicial custody under Sec 209 CrPC, after expiry of police custody, was entitled for benefits under Sec 167 (2), it added.

UNI XR AA YA GC2155