NEW DELHI: The Delhi High Court fast week rejected the bail plea of Controversial tantrik Chandraswami and his private secretary Kailash Nath Aggarwal alias Mamaji in the Lakhu “Bhai Pathak cheating case, saying that there were “no merits in the bail application.”
Giving grounds for rejecting the bail plea in her 23page judgment, Justice Usha Mehira said the accused were indulged in the same offence even after the Central Bureau of Investigation had initiated investigation ‘Against them for allegedly duping the UK based NRI businessman, Mr. Pathak.
The duo has been lodged in the Tihar Jail till May 14 by the chief metropolitan magistrate, who had cancelled their 1988 bail.
Justice Mehra observed that the earlier bail was granted to Chandraswami on medical grounds and to Mamaji to attend a marriage ceremony.
‘The bail thus was granted without taking into consideration the merits of the case and the CMM was fully justified in cancelling it.
However, the other plea of the accused for the recalling of the non bailable warrant issued against the duo, which led to their arrest from a. hotel in Madras on May 2, kept pending till May 16, when fresh arguments ‘would be addressed.
Justice Usha Mehra said,” The evidence so far collected by the prosecution shows that they not only indulged in the act of cheating Mr, Pathak but were involved in similar activities with others.”
The CBI had alleged that Chandraswami and Mamaji had also cheated two NRI businessmen, Mr. Kumar Bhagchandani and Lokendra Kumar, of course of rupees.
Rejecting Chandraswami’s plea for Keeping him under house arrest also, the court said, “If this criteria is accepted then almost all the offenders be that economic offenders or criminals” would have to be provided the facility of being kept under house arrest.
The court also dismissed the plea of the petitioner that investigation was complete and that no more evidence was to be collected, hence he be granted bail. No doubt the investigation in this case has been complied and statements recorded, but other cases involving crores of rupees are still pending against him. If the bail is granted it would amount to putting a seal of appreciation on the acts of petitioners.”
Chandraswami and Mamaji allegedly cheated Mr. Pathak of one lakh dollars in the false promise of securing him newsprint and paper pulp contracts in India in 1983.
Mr, Pathak complained to CBI in September, 1987 and the investigation agency registered a case against the duo in February 1988. The charge sheet was filed on April 12, 1996.
Justice Mehra observed that there: was no strength in the arguments of the petitioner that the bail was cancelled arbitrarily and said that “the CMM was fully aware that petitioners were on bail and never misused the same.”
While taking notice of the delay in the filing of the charge sheet, the court, however, accepted the arguments of the CBI that the delay was primarily due to the fact that the crime was committed abroad.
Article extracted from this publication >> May 15, 1996
