SC upholds cancellation of bail to Karim Morani in rape case

The Supreme Court today upheld the Hyderabad High Court’s decision to cancel the anticipatory bail granted to Bollywood producer Karim Morani, accused of raping an aspiring actress.

The Hyderabad High Court of Telangana and Andhra Pradesh, on September 5, had held as valid the lower court’s order to cancel Morani’s anticipatory bail on grounds of concealment of the fact that he has been facing criminal trial in the 2G scam case and was in jail for several months.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it would not interfere with the order of the High Court.

The bench did not grant 2-3 days time sought by senior advocate Mukul Rohatgi, the counsel for Morani, for surrender, and asked him to surrender at the Telangana jail. The High Court had asked him to surrender today.

Rohatgi raised the issue of belated filing of the FIR, and that too at Rangareddy District in Telangana, and said it was not the case of grant of bail but rather one of unjust cancellation of the anticipatory bail.

The bench, while dismissing the appeal, however, said the courts below would remain uninfluenced of the observations and orders passed by the High Court and the Supreme Court while dealing with subsequent regular bail plea of Morani.

It was alleged that Morani had sedated the woman and raped her several times, took her nude photos between July 2015 and January 2016.

The sessions court at Telangana had initially granted anticipatory bail to Morani on January 30 this year and later, cancelled it after being told that the producer had concealed in his bail plea his involvement in the 2G case and the fact that he was in jail in connection with the corruption matter.

SC upholds cancellation of bail to Karim Morani in rape case

SC upholds cancellation of bail to Karim Morani in rape case
SC upholds cancellation of bail to Karim Morani in rape case

The Supreme Court today upheld the Hyderabad High Court’s decision to cancel the anticipatory bail granted to Bollywood producer Karim Morani, accused of raping an aspiring actress.

The Hyderabad High Court of Telangana and Andhra Pradesh, on September 5, had held as valid the lower court’s order to cancel Morani’s anticipatory bail on grounds of concealment of the fact that he has been facing criminal trial in the 2G scam case and was in jail for several months.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it would not interfere with the order of the High Court.

The bench did not grant 2-3 days time sought by senior advocate Mukul Rohatgi, the counsel for Morani, for surrender, and asked him to surrender at the Telangana jail. The High Court had asked him to surrender today.

Rohatgi raised the issue of belated filing of the FIR, and that too at Rangareddy District in Telangana, and said it was not the case of grant of bail but rather one of unjust cancellation of the anticipatory bail.

The bench, while dismissing the appeal, however, said the courts below would remain uninfluenced of the observations and orders passed by the High Court and the Supreme Court while dealing with subsequent regular bail plea of Morani.

It was alleged that Morani had sedated the woman and raped her several times, took her nude photos between July 2015 and January 2016.

The sessions court at Telangana had initially granted anticipatory bail to Morani on January 30 this year and later, cancelled it after being told that the producer had concealed in his bail plea his involvement in the 2G case and the fact that he was in jail in connection with the corruption matter.

( Source – PTI )

Karim Morani’s anticipatory bail cancelled, asked to surrender

A local court has cancelled the anticipatory bail of Bollywood film producer Karim Morani, who was booked for allegedly raping a Delhi-based woman.

The Fourth Additional Metropolitan Sessions Court at L B Nagar in the city yesterday cancelled Morani’s bail and directed him to surrender before the Hayathnagar police here on or before March 22.

The woman, aged around 25, who is a friend of Morani’s daughter, had lodged a complaint with Hayathnagar Police in January this year alleging that he had raped her on different occasions in Mumbai and at a film studio in Hyderabad in 2015.

She had also alleged that Morani made a false promise of marrying her, police said based on the complaint.

Based on the complaint, a case was filed under IPC sections 417 (cheating), 376 (rape), 342 (wrongful confinement), 506 (criminal intimidation), 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage) and others.

Later, Morani had obtained anticipatory bail from a local court on January 30.

However, the police then filed a petition in court seeking cancellation of his anticipatory bail.

“After the court granted him anticipatory bail, we opposed and filed bail cancellation application and produced evidence in the court,” Inspector, Hayathnagar police station, J Narender Goud said.

“The court, while upholding the arguments of the prosecution, cancelled Morani’s anticipatory bail and directed him to surrender before police on or before March 22,” Goud said.

Morani produced movies like “Yodha” and “Dum”.

PMLA case: Karim Morani allowed to go abroad for promoting film

karim MoraniBollywood producer Karim Morani, an accused in the 2G scam-related money laundering case, has been allowed to travel abroad for release of upcoming Shahrukh Khan-starrer movie ‘Happy New Year’ by the special court which observed filing of such pleas was aimed at wasting its time.

Special CBI Judge O P Saini allowed the application filed by Morani in which he had sought court’s permission to travel to Dubai from October 20 to October 27 saying that being the creative/associate producer of the film, he has been assigned the duty to make all arrangements for its successful premier.

Morani also said that the movie was going to be released in Dubai on October 22 and his presence was required there.

“In view of these factors, I do not find anything wrong in permitting the accused (Morani) to travel abroad. Having said that, I wish to put on record that applicant/accused is filing these applications quite frequently which result in wastage of substantial time of court and may, in certain circumstances, be rightfully seen and considered as aimed at deliberately wasting time of the court,” the judge said.

“I also have an apprehension that this tactics of filing repeated applications is aimed at wasting the time of court and the application can be dismissed on this ground alone. However, the accused has assured that he would desist himself from filing such an application in foreseeable future as his project abroad is complete. I hope the accused would mend his ways and keep his promise,” the judge abserved.

Enforcement Directorate had opposed Morani’s plea saying it was vague and the documents attached to it suffered from various deficiencies.

The agency alleged that Morani was frequently filing such pleas and was taking the court for granted and was misusing liberty.

Morani’s counsel, however, told the court that this was his last such application and he might not file such pleas in foreseeable future.

Morani, along with former Telecom Minister A Raja, DMK MP Kanimozhi, DMK supremo M Karunanidhi’s wife Dayalu Ammal and others, was chargesheeted by ED in the money laundering case

2G case: Bail plea hearing of five accused deferred

A Delhi court on Monday deferred the hearing on the bail pleas of five accused in the 2G spectrum scam.

The hearing on the bail pleas of Asif Balwa and Rajiv Agarwal, both directors of Kusegaon Fruits & Vegetables Pvt Ltd, and Cineyug Films director Karim Morani was deferred till October 17.

The hearing on the pleas of Swan Telecom promoter Shahid Balwa and RK Chandolia, ex-personal secretary to former communications minister A Raja, was deferred till October 18.

Counsel for Balwa and Agarwal told CBI special judge OP Saini that he will only argue on the bail application after the framing of charges.

Earlier, the bail pleas of DMK MP Kanimozhi and Kalaignar TV chief Sharad Kumar were also deferred on the same ground.

The CBI had on Friday opposed the bail pleas of the seven accused in the case on the ground that according to the Supreme Court order, their bail pleas could be entertained only after the framing of charges.

2G scam: Morani’s bail plea dismissed

A Special Central Bureau of Investigation (CBI) court here Monday rejected the anticipatory bail plea of Cineyug Films’ founder Karim Morani, named as co-conspirator of 2G spectrum allocation scam, saying his health report was normal.

“In view of the medical condition of the accused being normal and stable, I am satisfied that no case for anticipatory bail on medical grounds is made out. The application is without merit and same is dismissed,” CBI Special Judge O.P. Saini said.

Morani, who was exempted from personal appearance till now, will have to be present in court Tuesday.

Defence counsel Siddharth Luthra argued that Morani, 62, was suffering from various ailments for the last 31 years.

Luthra said Morani had undergone angioplasty in 1991, 1993 and 1997, and had open heart surgery in 2007.

He also said that Morani had received a sixth bypass graft and required reboring of his two major vessels. He had also been advised complete rest due to a chest pain.

“My client company is a big name in the field of music and entertainment. He has done a perfectly legal commercial transaction,” Luthra added.

Rejecting his bail plea, the court said that as per Mumbai’s J.J. Hospital’s report, Morani is stable.

Luthra had submitted the medical report from J.J. Hospital, as was demanded by the court May 10 when he was exempted from personal appearance due to ill-health.

Meanwhile, Lilavati Hospital and Research Centre in Mumbai has also described Morani’s condition as stable, with blood pressure at 120 by 70 mg, which is also normal, added the judge.

“I may also add that in case of need, proper medical facilities are available in Tihar Jail itself and if a prisoner requires any further treatment, he is immediately taken to Ram Manohar Lohia hospital or AIIMS (All India Institute of Medical Sciences),” he said.

“I may add that co-accused Surendra Pipara is already being provided best of medical facilities at AIIMS,” the judge said.

The CBI’s first chargesheet April 2 had named, besides former communication minister A. Raja, former telecom secretary Siddharth Behura, Swan Telecom promoter Shahid Balwa, Raja’s aide R.K. Chandolia, Swan Telecom’s Vinod Goenka, Unitech’s Sanjay Chandra and three executives of the Anil Dhirubhai Ambani Group – Gautam Doshi, Hari Nair and Surendra Pipara.

In its April 25 supplementary chargesheet, the CBI named DMK chief M. Karunanidhi’s daughter Kanimozhi and Kalaignar TV managing director Sharad Kumar as co-conspirators after it traced an illegal money trail of Rs.214 crore in the scam.

The supplementary chargesheet also named Karim Morani as well as Asif Balwa and Rajiv B. Aggarwal of Kusegaon Realty.

The probe agency claims it has unearthed an illegal money trail that moved from Dynamix to Kusegaon and then on to Cineyug, all part of the DB Group, that promoted Swan Telecom, ending with Kalaignar TV, majority owned by Karunanidhi’s family.

Except for Morani and Pipara, who is in judicial custody at AIIMS here, all those named in the CBI chargesheets are lodged in Tihar Jail.

2G scam: Five corporate honchos’ bail verdict Monday

The Delhi High Court will, on Monday, pronounce its verdict on the bail plea of five senior corporate executives accused in the second generation (2G) spectrum case.

The five accused are Vinod Goenka of Swan Telecom, Sanjay Chandra of Unitech and three officials of the Anil Dhirubhai Ambani Group — Gautam Doshi, Hari Nair and Surendra Pipara. Except Pipara, who is in hospital, all the others are in Delhi’s Tihar jail .

Justice Ajit Bharihoke will deliver his judgment post lunch Monday. He had reserved their bail pleas May 9, after hearing the arguments of the accused and the Central Bureau of Investigation (CBI).

The 2G scam relates to alleged irregularities in the allocation of 2G spectrum to telecom companies that caused huge losses to the national exchequer.

“Charges against Doshi in the second generation telecom spectrum case are baseless and denial of bail goes against his personal liberty,” his counsel Soli Sorabjee, former attorney general and solicitor general of India, told the court.

Chandra was defended by senior lawyers Ram Jethmalani and K.T.S. Tulsi.

Mukul Rohtagi argued for Goenka, Nair was represented by Rajiv Nayar and Pipara’s bail plea was argued by Neeraj Kishan Kaul.

During the course of arguments, Special Public Prosecutor U.U. Lalit said: “The corporates and the accused were direct beneficiaries of the entire spectrum deal and they were involved in a conspiracy along with (former communications minister) A. Raja to obtain benefit from the grant of spectrum licences”.

He said the corporates were part of a conspiracy where huge amount of money was involved and they had also forged some documents to obtain spectrum licences.

The case reached the high court April 20, after a trial court rejected their bail applications, terming their pleas as “meritless” in the face of “serious allegations” and “incriminating evidence” in a chargesheet filed by the CBI.

The accused had then filed pleas for interim bail for one week so that they could move the high court against the trial court order, but that plea was also rejected.

The five corporate executives, named in the CBI chargesheet, were not arrested during the probe. But they were taken into custody April 20 after the trial court rejected their bail pleas.

Earlier, opposing their bail pleas, the CBI said some of the key witnesses belonging to the corporate world worked directly under the five accused and the possibility of their influencing the witnesses could not be ruled out.The first chargesheet April 2 had named, besides Raja, former telecom secretary Siddharth Behura , Swan Telecom promoter Shahid Usman Balwa, Raja’s aide R.K. Chandolia, Goenka, Chandra, Doshi, Nair and Pipara.In its April 25 supplementary chargesheet, the CBI named DMK chief M. Karunanidhi’s daughter Kanimozhi, and Kalaignar TV managing director Sharad Kumar as co-conspirators after it traced an illegal money trail of Rs.214 crore in the scam.Both were arrested May 20 and sent to Tihar jail.

The supplementary chargesheet also named Cineyug Film’s Karim Morani as well as Asif Balwa and Rajiv B. Aggarwal of Kusegaon Realty.

Pipara was admitted to the All India Institute of Medical Sciences ( AIIMS )) May 4 after he fainted in the courtroom. Except him and Morani, who has been granted exemption from personal appearance in court due to ill-health, all those chargesheeted by the CBI are lodged in the Tihar Jail.CBI prosecutor A.K. Singh said the third supplementary chargesheet will be filed in the first week of July.

2G case: Court allows exemption plea of Karim Morani

A special Central Bureau of Investigation (CBI) court Tuesday allowed Cineyug Film’s Karim Morani, accused in the 2G spectrum case, exemption from personal appearance in court.

Judge O.P. Saini said: ‘Accused Morani’s exemption plea from personal appearance is allowed. However, he will have to appear before the court on May 12.’

On May 6, Morani had got exemption as he was admitted to Mumbai’s Lilavati Hospital.

The defence counsel for Morani submitted that his client was still in hospital so he might not be able to appear before the court.

A similar application by DMK MP Kanimozhi and Kalaignar TV chief Sharad Kumar for exemption from personal appearance in the court was rejected by a special court May 7.

The first chargesheet filed April 2 named former communications minister A. Raja, former telecom secreatry Siddharth Behura, Raja’s private Secretary R.K. Chandolia, Swan Telecom promoter Shahid Usman Balwa, director of Mumbai-based DB Realty Vinod Goenka, managing director of Unitech Sanjay Chandra and three senior officials of the Anil Ambani group for conspiring to sell spectrum waves at rock bottom prices.

The CBI filed the second chargesheet April 25. It named DMK MP Kanimozhi, Swan Telecom promoter Shahid Balwa, Sharad Kumar, Karim Morani and Kusegaon Realty director Rajiv Aggarwal.