A special court here has dismissed the application of the Enforcement Directorate (ED) seeking the cancellation of bail of accused-turned-witness Rajiv Saxena in the AgustaWestland chopper scam case.

Special Judge Arvind Kumar, while passing the order, observed that the failure of the accused to comply with the conditions on which the pardon is tendered makes the accused liable to be tried.

"Rajiv Saxena is yet to enter into the witness box to depose before this court. The status of Rajiv Saxena, as on date, is of a witness and he has ceased to be an accused. Therefore, there is no question of cancellation of bail of Rajiv Saxena," the court observed.

The court had recently refused to revoke the approver status of Saxena, sought by the ED through an application.

The Dubai-based businessman was extradited to India on January 31 last year in connection with the Rs 3,600-crore alleged scam relating to the purchase of 12 VVIP helicopters from AgustaWestland.