Appearing for Mr Koneru Rajendra Prasad in the Emaar case, noted counsel Ram Jethmalani told the court, “Until and unless there is a record suggesting the propensity or tendency of the accused fleeing from justice, the court can’t deny bail.”
He also pointed out that Emaar case is a pittance compared to the Rs 1.76 lakh crore 2G scam, in which the accused has already been granted bail.
Mr Jethmalani cited various Supreme Court judgements showing that the courts shall use their discretion in favour of granting bail except in the cases that attract death or life sentence. He also submitted that a man on bail can present his case better than a man in remand.
“As Mr Prasad doesn’t attract Sections 409 (criminal breach of trust by public servant) and 477A (falsification accounts) and rest of the Sections are bailable, he should be enlarged on bail,” Mr Jethmalani urged the court.
The CBI judge asked if the case attracted Section 477A (falsification of accounts), as the accused who sold the villa plots at highly inflated prices, kept silent about the same without informing the government. The court posted the case to Friday.
