Bench divided on Ashok Todi146;s bail plea

In a related development, the CBI court remanded Pradip Todi and Anil Saraogi in jail custody till December 12.

The bail application of Ashok Todi came up for hearing before Justices Amit Talukdar and P S Banerjee. After the hearing, Justice Talukdar said Ashok Todi should get bail. Since the Supreme Court had stayed the trial of the case there was no reason for detaining Todi any further at this stage, he said.

Justice Talukdar said the CBI had never arrested Todi during the investigation and there had been no allegations of tampering with evidence during the investigation against him.

After the order was passed by Justice Talukdar, however, Justice P S Banerjee said: 8220;I disagree with the order of granting bail to Todi.8221;

Justice Banerjee pointed out that the nature and consequences of Todi8217;s offence were serious. He added as Ashok Todi was the prime accused in the case, he cannot get a bail on health ground.

In accordance with the earlier order, the superintendent of Presidency Jail on Monday placed a report on Ashok Todi8217;s health, which said he was sick but not bedridden. Now he is in good health, the report added.

Opposing the bail plea, counsel for the Rehman family Kalyan Banerjee argued that Ashok Todi has spent Rs 11 lakh to break up the marriage of Rizwanur and Priyanka. 8220;He may also have spent Rs 44 lakh to tamper with the evidence,8221; Banerjee added.

Earlier in the day, in compliance with the Supreme Court order, Pradip Todi and Anil Saraogi had surrendered before the magistrate of the CBI court, Anupam Maity, who remanded them in jail custody.

Of the seven accused in the case, four 8212;Ashok Todi, Pradip Todi, Anil Saraogi and Pappu 8212; are in jail custody now.