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Thursday, July 19, 2018

Pawan Kumar Bansal’s nephew-linked case: Bail plea of bribery accused axed

A court dismissed bail plea of an accused in which former minister Pawan Kumar Bansal's nephew was arrested.

Written by Press Trust Of India | New Delhi | Published: May 18, 2013 8:22:31 pm

A Delhi court today dismissed the bail plea of one of the accused in Rs 10-crore Railway bribery case in which former Railway Minister Pawan Kumar Bansal’s nephew was also arrested,saying that granting his relief would have “demoralising” effect on those who work “honestly”.

Special CBI Judge Swarana Kanta Sharma rejected the bail plea of Dharmender Kumar observing that he and co-accused Vivek Kumar had full knowledge of what they were delivering and that such a huge amount cannot be for legal purpose.

Dharmender’s lawyer had contended that his client was merely a courier and as such did not have any knowledge of the purpose behind delivery of the Rs 90 lakh to Bansal’s nephew Vijay Singla.

“Accused Dharmender and Vivek were told about the persons to whom the amount was to be paid and they had full knowledge about what they were carrying and should have known that so much amount which was being sent through them cannot be for a legal purpose.

“Granting bail in such case will have demoralising effect on the persons who want to pursue their business honestly…,” the judge said.

The court also observed that it is a premature stage for grant of bail as the investigation has just begun and one of the accused,Sushil Dagga,is absconding and incriminating material and documents are yet to be seized.

“Needless to say,investigation has just begun. One of the accused,ie,accused Sushil Dagga who is also a railway contractor,for whom accused Vivek was working,is absconding. Incriminating documents and articles are yet to be seized from accused Sushil Dagga and therefore,it is premature stage to grant bail to accused,” the court said.

During the proceedings,senior Public Prosecutor Akshay Gautam,appearing for CBI,opposed the bail plea of Dharmender saying he and Vivek were among the conspirators in the case and considering the “gravity” of the offence,”it would be a travesty of justice to show mercy to them”.

The defence lawyer had also contended that possession of such a huge amount of money was not an offence under the law.

Disagreeing with the contention of the defence the court said,”It may be true that being merely in possession of huge amount of money is not an offence. However,when a person is caught delivering that huge amount of money as illegal gratification to someone and there is material on record to support that claim,the offence becomes serious with social and economic ramifications.”

The judge also observed,”The offence in question is a serious offence because it not only involves getting a lucrative posting by payment of bribe but was to further indulge in corruption involving hundreds of crores by awarding contracts illegally to persons who will arrange the bribe amount for posting of Mahesh Kumar as Member (Electrical),Railway Board.”

Dharmendra is an accused in the bribery case in which a deal of Rs 10 crore was allegedly finalised for getting Mahesh Kumar,Member (staff) of Railway Board appointed to a more lucrative post in the Railway Board as Member (Electrical).

Bansal’s nephew Singla,close aide Ajay Garg,Mahesh Kumar,now suspended,businessman Sandeep Goyal and Managing Director of GG Tronics India Pvt Ltd,Narain Rao Manjunath,Samir Sandhir and Rahul Yadav are also accused in the case and are at present in judicial custody.

One of the accused Sushil Dagga is yet to be arrested.

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