Justice I S Mehta fixed the petition filed by CBI for hearing on January 18, when it is scheduled to hear pleas against former IAF chief S P Tyagi and his cousin Sanjeev Tyagi, who were also granted bail by the trial court.
The agency has challenged the bail granted to all the three accused on the ground that they are influential persons and may hamper the ongoing probe into the scam.
S P Tyagi was granted bail by the trial court on December 26 last year.
Thereafter on January 4, the lower court here had also granted bail to Sanjeev Tyagi and lawyer Khaitan in the scam, saying that no purpose would be served by keeping them in custody.
The CBI has alleged that the accused persons could "hamper" its probe and "alert" other accused if he remained out of custody.
71-year old S P Tyagi, who was arrested by CBI on December 9, 2016 along with Sanjeev Tyagi and Khaitan in the case relating to alleged irregularities in procurement of 12 VVIP choppers from UK-based AgustaWestland during the UPA-2 regime, was granted bail by a trial court on December 26 last year.
The agency had also said that its probe was "multi-layered" as it was spread across several countries since various companies were allegedly used to "camouflage the bribe money".
A trial court had granted bail to S P Tyagi, who had retired as IAF chief in 2007, saying CBI has failed to state the alleged bribe amount and when it was paid.
All the accused have denied the allegations levelled against them by CBI.
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