2G case:HC says SC bail verdict 'silent' on serious charge

The remarks relating to the offence of criminal breach of trust under section 409 of IPC slapped against all the 17 accused in the case was made by Justice V K Shali at the fag end of the day-long hearing, which was advanced from Dec 1.

"The Supreme Court judgement does not mention Section 409 (criminal breach of trust which provides for life term as maximum punishment) of the IPC. I am not saying that the apex court was ignorant of the fact (409) but it is silent on the issue.

"The day the order (on bail) was passed, charges were crystallised in the trial court and it cannot be said that this fact was not known to the Hon'ble Supreme Court. How do we assume that trial judge would award maximum seven years sentence and not life term under section 409," Justice Shali observed while posting the next hearing for Monday.

Justice Shali referred to the judgement of the Supreme Court in the case and said it talked about maximum sentence of seven years which could be awarded to accused (corporate accused) if they are convicted.

Responding to the query of the judge, senior advocate Altaf Ahmed, who appeared for Kanimozhi, said the apex court was aware of charges framed also under Section 409 of the IPC and its order is binding on all courts.

The court was also hearing the bail pleas of former Telecom Secretary Siddharth Behura, filmmaker Karim Morani, DMK-run Kalaignar TV MD Sharad Kumar and private firm Kusegaon Fruits and Vegetables Pvt Ltd director Rajeev Agarwal and Asif Balwa of DB Realty.

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