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The Supreme Court on Monday rejected the anticipatory bail petition of Bar Council of India Vice-Chairman and member of the Bar Council of Tamil Nadu R. Dhanapal Raj, cited as accused in the First Information Report in a graft case registered by the Central Bureau of Investigation in December 2010.
A Bench of Justices B. Sudershan Reddy and S.S. Nijjar dismissed an appeal filed by Mr. Dhanapal Raj against a Delhi High Court order rejecting his plea for anticipatory bail.
Senior counsel Ram Jethmalani submitted that the appellant would not tamper with evidence and there was no reason for denying anticipatory bail.
The Bench, however, in a brief order, dismissed the appeal and said if the appellant surrendered before the competent court, his bail application would be considered on its merits.
The FIR mentions that R.S. Rana, member, Bar Council of Delhi, entered into a criminal conspiracy with the petitioner to demand illegal gratification from one Manish Tyagi for conducting an inspection of a law college and for giving a favourable report for recognising the college.
In his appeal, Mr. Dhanapal Raj said the High Court was wrong in dismissing his application when there was no prima facie case or direct allegation against him and no substantive evidence had been collected by the CBI even after lapse of one and half months from the date of registration of FIR.
He said he was elected BCI Vice-Chairman in April 2010 and he continued to hold the post. His arrest would greatly impair his dignity and self-respect and therefore, he was entitled to anticipatory bail.
He said the High Court had failed to appreciate the fact that he was not in the capital when the trap was laid on the premises of the BCI in which money was alleged to have been transferred from accused-3 to accused-1.
The appellant submitted that a person should not be arrested merely on allegation of commission of an offence.
He sought quashing of the impugned order.
A Bench of Justices B. Sudershan Reddy and S.S. Nijjar dismissed an appeal filed by Mr. Dhanapal Raj against a Delhi High Court order rejecting his plea for anticipatory bail.
Senior counsel Ram Jethmalani submitted that the appellant would not tamper with evidence and there was no reason for denying anticipatory bail.
The Bench, however, in a brief order, dismissed the appeal and said if the appellant surrendered before the competent court, his bail application would be considered on its merits.
The FIR mentions that R.S. Rana, member, Bar Council of Delhi, entered into a criminal conspiracy with the petitioner to demand illegal gratification from one Manish Tyagi for conducting an inspection of a law college and for giving a favourable report for recognising the college.
In his appeal, Mr. Dhanapal Raj said the High Court was wrong in dismissing his application when there was no prima facie case or direct allegation against him and no substantive evidence had been collected by the CBI even after lapse of one and half months from the date of registration of FIR.
He said he was elected BCI Vice-Chairman in April 2010 and he continued to hold the post. His arrest would greatly impair his dignity and self-respect and therefore, he was entitled to anticipatory bail.
He said the High Court had failed to appreciate the fact that he was not in the capital when the trap was laid on the premises of the BCI in which money was alleged to have been transferred from accused-3 to accused-1.
The appellant submitted that a person should not be arrested merely on allegation of commission of an offence.
He sought quashing of the impugned order.