New Delhi: Three accused, arrested by CBI in a case in which classified government documents were allegedly procured and passed on to others, have been granted bail by a special court after the agency failed to file charge sheet against them within the stipulated 60-day period.
Special CBI Judge S C Rajan enlarged the three accused, including two public servants, on bail on a personal bond of Rs two lakh each with one surety of the like amount, observing that it was for the agency to file the charge sheet within 60 days.
"The records indicate that accused Ashok Kumar Singh, Khem Chand Gandhi and Lala Ram Sharma were arrested on March 12, 2015 and produced in the court on March 13, 2015 and they have completed 60 days in JC (judicial custody)," the court said.
"I decline the submissions of senior public prosecutor in respect of accused Lala Ram Sharma that he remained out of jail on interim bail for five days and that he cannot be given benefit of section 167 CrPC because it was for the CBI to file the charge sheet within 60 days," the judge said.
"In view of this, I extend the benefit of section 167(2) (ii) CrPC to accused Ashok Kumar Singh, Khem Chand Gandhi and Lala Ram Sharma, and they are admitted to bail...," the judge said.
Ashok Kumar Singh was working as under secretary in the Department of Disinvestment in the Finance Ministry, while Lala Ram Sharma was a section officer in the Department of Economic Affairs. Khemchand Gandhi is a Chartered Accountant.
Besides these accused, CBI had also arrested three others -- Daljeet Singh, upper division clerk in Department of Industrial Policy and Promotion of Ministry of Commerce and Industries, Paresh Chimanlal Budhdev, partner in Mumbai-based Chitale and Associates, and Ram Niwas, a private person.
All the six accused were produced before the court after expiry of their judicial custody and the CBI sought extension of their remand contending that allegations against them were "very serious in nature affecting the economy of the country and having interstate ramifications".
After hearing the submissions, the court granted bail to three accused, while it extended judicial custody of Daljeet, Budhdev and Ram Niwas till May 23.
CBI had earlier informed the court that a large number of "incriminating" documents had been seized from the accused, who were alleged to be procuring and passing on classified documents to others.
CBI had said that a racket was being operated out of Delhi with deals being fixed mostly in Mumbai and Bengaluru.
The agency had conducted raids and arrested the accused after lodging a case of criminal conspiracy and theft under the IPC and misuse of official position under Prevention of Corruption Act against them.
CBI sources had claimed a 'trove' of confidential documents and Rs 60 lakh in cash were recovered from Gandhi's residence.
A large number of documents in electronic form were found on the laptop, tablets and hard disks recovered from the residence of the officials and the chartered accountant, it had said.
It was alleged that the government servants were passing on documents relating to foreign investment policies in the ministries to Gandhi, who in turn provided them to corporates for a price.
The agency had said that this case was separate from the one being probed by the Delhi Police, as it was proper sale of documents via a chartered accountant to the corporate groups who had interest in foreign investments.
