CBI special court grants bail to Kapil Khandelwal, one of the 33 accused in the PNB scam

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CBI special court grants bail to Kapil Khandelwal, one of the 33 accused in the PNB scam

The special CBI court has granted bail to Kapil Maliram Khandelwal, Joint President, Gitanjali Gems Ltd, one of the 33 accused in the PNB scam.

Special CBI judge Jayendra C Jagdale said in the order: “…The applicant/accused (Khandelwal) was neither aware of the transactions, now was the signatory to the same and moreover, the LOUs & FLCs were made from Prasad Chambers, Opera House Office. At the time of alleged period of issuance of LOUs & FLCs, the applicant/accused was not under the employment of Ws. Gitanjali Gems Ltd.

“The FLCs were signed by accused Aniyath Shivaraman Nair. The applications for fraudulent LOUs & FLCs were being submitted under signatures of accused persons Vipul Chitalia & Aniyath Nair, in the capacity of authorized signatories. In the entire chain of allegations, acts and conducts, there is no whisper of any role attributed to the applicant/accused.”

The judge further added: “The offence of criminal breach of trust u/sec. 409 of Indian Penal Code and cheating u/sec. 420 of Indian Penal Code, are not applicable to the applicant/accused, as there was neither breach on the part of applicant/accused, nor the applicant/accused has signed any document or was part of any alleged transaction… There is no material on record to show that the applicant/accused has conspired with any of the accused person. There is no money trail from or to the applicant/accused.

“The applicant/accused is not in a position to influence any of the witness of prosecution. The entire dispute is based upon documentary evidence and the applicant/accused has given all the details to the prosecution. There was nothing incriminating found from the place of applicant/accused.”

While granting the bail, the court directed Khandelwal to furnish a cash bond of Rs 1 lakh and one or more sureties of the like amount within two months.

“The applicant/accused is directed not to leave India without obtaining prior permission from this Court. Further, till furnishing surety, the applicant/accused is directed to surrender his passport, if any, with CBI. The applicant/accused is further directed not to tamper with the prosecution evidence and to assist in disposal of trial,” the court said.

Read the order here.

—India Legal Bureau