New Delhi: Bollywood bigwig Karim Morani, an accused in the 2G spectrum allocation scam, was on Monday sent to Tihar Jail by a Delhi court which rejected his bail plea and ordered his arrest.

"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 appearance 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 a febrile, 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, farfetched 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.

Order reserved on Kani’s bail

The Delhi High Court on Monday reserved its order on the bail pleas of DMK MP Kanimozhi and Kalaignar TV MD Sharad Kumar in 2G spectrum allocation scam case.

Justice Ajit Bharihoke, after hearing detailed arguments on the bail applications of the accused, said the order on their pleas would be pronounced later.

Senior advocate Altaf Ahmed, appearing for 43-year-old DMK MP and Sharad Kumar, contended that the transaction of Rs 200 crore from DB Group to Kalaignar TV was a valid loan transaction and there was nothing "dubious" about it.

"All the documents are in the custody of CBI and hence there is no point in keeping us in jail," Ahmed said.

Senior advocate and Special Public Prosecutor U U Lalit opposed their bail pleas saying the accused have attempted to create "smoke screen" by projecting the bribe trail of Rs 200 crore as a loan transaction.

"No contemporaneous documents were executed by any of the companies which were part of the money transaction. It was nothing but the transaction of the bribe amount," Lalit said.

The court had earlier issued a notice to CBI on the bail pleas of both the accused and asked the probe agency to file a status report detailing the stage of investigation and the judicial proceedings in the case.

Kanimozhi and Sharad Kumar had approached the high court on May 23 after their bail applications were dismissed by a special CBI court on May 20.

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