Gr. Mumbai, June 5, 2017 – The Special Court for CBI cases in Greater Mumbai, presided over by His Honour CBI Special Judge P.K. Sharma (Court Room No. 48), has once again rejected the bail application of Dhananjay Ramanna Shetty, a 52-year-old businessman accused in a bribery case involving officials of the Enforcement Directorate (ED). This marks the second unsuccessful attempt by Shetty to secure bail, following the rejection of his initial application on May 18, 2017.

Shetty was apprehended and charged under Section 120-B of the Indian Penal Code (IPC) read with Sections 7 and 8 of the Prevention of Corruption Act. The allegations against him are severe: he was allegedly caught red-handed while accepting a bribe of a staggering Rs. 1.25 crores. This amount was purportedly part of a larger demand of Rs. 10 crores promised to a complainant for the settlement of a case the complainant had with the Enforcement Directorate. Shetty, although a private individual, is accused of acting as an intermediary in this alleged corrupt transaction.

Accused Claims False Implication and Lack of Conspiracy:

In his second bail application, Shetty, represented by Advocate Smt. Prabha Badadare, reiterated his claim of being falsely implicated in the case. He argued that he had no direct or indirect connection to the alleged crime. Furthermore, Shetty contended that he was called by the prime accused after accepting the bribe amount, implying a lack of prior conspiracy with the main accused.

CBI Opposes Bail, Citing Crucial Stage of Investigation:

The Central Bureau of Investigation (CBI), represented by Special Public Prosecutor (SPP) Mr. Ashok Bagoria, strongly opposed the bail application. The prosecution argued that the investigation was at a crucial stage, particularly highlighting the ongoing probe into the potential complicity of an Enforcement Directorate officer in the alleged bribery racket. The CBI emphasized the serious nature of the offense and the potential ramifications of releasing the accused at this juncture.

Court Finds No Change in Circumstances:

After hearing the arguments from both sides, the Special Judge P.K. Sharma delivered the order, explicitly stating that this was the second bail application filed by the accused. Crucially, the court noted that no change in circumstances sufficient to warrant the granting of bail had been brought on record since the rejection of the first application.

The court pointed out that the initial bail application was rejected primarily because the investigation was at a crucial stage. Judge Sharma observed that no substantial change in these circumstances had occurred in the interim. Moreover, the grounds presented in the second bail application were found to have already been considered and addressed while rejecting the first plea.

Based on these observations, the court concluded that there was no compelling reason to grant bail to Dhananjay Ramanna Shetty at this stage of the investigation.

Order:

Consequently, the court passed the following order:

1. The bail application is rejected.

The order, dictated and signed on June 5, 2017, underscores the court’s cautious approach in corruption cases, especially when the investigation is still ongoing and potentially implicates public officials. The rejection of the second bail plea signifies the court’s continued reliance on the initial assessment of the case and the lack of any new compelling factors presented by the accused. The investigation into the alleged involvement of the ED officer remains a key aspect of the ongoing proceedings.