2G case: Court dismisses bail of Morani, sent to Tihar Jail
"Bail is dismissed. Take him to custody," Special CBI judge O P Saini said while pronouncing the order.
Morani, Cineyug Films Pvt Ltd Director, now joins a long list of multi-crore 2G scam accused who have been sent to Tihar jail.
The court said Morani, who is accused of facilitating the transaction of Rs 200 crore from D B Realty to DMK-run Kalaignar TV, in which DMK MP Kanimozhi holds 20 per cent stake, has "failed to make out a case for bail."
The court also questioned his conduct and said the apprehension of the CBI that he may influence the witnesses if not arrested cannot be ruled out.
"Considering the magnitude of the crime, nature and anormity of allegations, character of evidence on record and the apprehension that the witnesses may be influenced in case the accused is released on bail, I have no hesitation in holding that accused (Morani) has failed to make out a case for bail.
"The bail application is without merit and the same is dismissed," Special CBI judge O P Saini said.
Morani is accused of facilitating the transaction of Rs 200 crore from D B Realty to DMK-run Kalaignar TV, in which DMK MP Kanimozhi holds 20 per cent stake.
The Special Judge, in its 67-page order, also observed that Morani used every possible legal subterfuge by filing various applications to delay the proceedings.
"I may reluctantly add that the accused has used every possible legal subterfuge to delay the ultimate as he has filed seven applications within a span of less than one month.
"Not only this, his counsel prayed in the evening of May 26 that the pronouncement of order may be deferred on May 30 till the evening, as they are likely to move superior courts, though no stay order or any other order has been brought to my notice," the judge said.
The court also noted that Morani`s conduct indicates that he is interested in deliberately delaying the disposal of the matter.
"An accused is entitled to avail himself all legal remedies which may be available to him in law and there can be no objection to this but the sheer number of applications filed by him, in my humble view, reflects adversely on his conduct indicating that he is interested in deliberately delaying the disposal of the matter by seeking date after date, on one pretext or the other," the court said.
The judge also said that Morani avoided to appear before the court for over two weeks on medical ground though his medical records say he was stable.
"I may also add that he avoided the court from May 6 till May 23 on medical ground, though as per the medical papers filed on his behalf on May 11, he was stable and afebrile, having no fever, with normal BP of 120/70 mg.
"I sincerely hope, considering the nature of the case, he would improve in future and would cooperate in early disposal of the case," the court said.
The court said that allegations against Morani are of very serious nature and the case involves alleged loss to the state exchequer amounting to about Rs 30,000 crores.
"In the end, I may add that allegations against the accused are of very serious nature, which are supported by evidence on record and in cases of such magnitude, the danger of witnesses or evidence being tampered with is always there and cannot be dismissed with this disdain as remote, far fetched or imaginary," the court said.
The CBI had alleged that Morani took six crore for facilitating the Rs 200 crore transaction.
Morani had filed his regular bail plea on May 24 after the court had denied anticipatory bail and directed him to appear before it.
CBI, in its second charge sheet in the 2G case, had alleged that Swan Telecom and Dynamix Realty Promoters Shahid Usman Balwa and Vinod Goenka channeled Rs 200 crore to DMK-run Kalaignar TV through Kusegaon Fruits and Vegetables Pvt Ltd and Morani`s Cineyug Films Pvt Ltd.