The Bombay High Court on Monday granted bail to former
Maharashtra home minister and Nationalist Congress Party (NCP) leader Anil
Deshmukh in a corruption case lodged by the CBI. However, he will not be
released from jail soon as the court said its order will become effective only
after ten days, so that the CBI can approach the Supreme Court to challenge the
high court order till then.
The bench directed
that Deshmukh be released on bail on furnishing a personal bond of Rs 1 lakh
along with sureties of like amount and asked him to cooperate with the probe.
After the Central Bureau of Investigation (CBI) sought a stay on effect of the
bail order to approach the Supreme Court, the high court said the order
will be effective after ten days.
A single-judge bench
of Justice Makarand S Karnik had on December 8 reserved the order on Anil
Deshmukh’s plea challenging a special CBI court’s order that
denied him bail.
Challenging the special CBI court order, Deshmukh,
73, in his plea filed through advocates Inderpal Singh and Aniket Nikam,
claimed that the trial court erred in refusing bail to him and that its order
was mere “cut, copy and paste job” of contents in the CBI chargesheet. It added
that the “approach adopted in the trial court order was perverse” and while the
high court had considered his medical status while deciding his bail plea in
the ED case, the trial court overlooked the same.
On October 4, the coordinate bench of the high court had granted
bail to Deshmukh in the case filed by the Enforcement Directorate (ED). The
high court had observed that prima facie, reliance could not be placed on the
statement of dismissed Mumbai Police officer Sachin Waze. Deshmukh was
arrested in a money laundering case by the ED in November last year.
Additional Solicitor General (ASG) Anil Singh,
representing the CBI, said the probe as well as statements given by Waze and
Deshmukh’s aides Sanjeev Palande and Kundan Shinde show that the NCP leader was
“involved in corruption of highest level” that affected the governance of the
state.
Singh reiterated that Deshmukh cannot be
automatically granted bail in the CBI corruption case just because he was
granted relief in a money laundering case lodged by the ED.
The ASG said that while the high court and the Supreme Court had
refused relief to Deshmukh in his plea seeking quashing of the CBI FIR,
default bail was also denied to him. He added that Deshmukh being an
influential person could interfere with the ongoing probe.
The CBI had submitted that Anil Deshmukh had asked
Sachin Waze to collect money from bars and restaurants in Mumbai. Of the nearly
Rs 4.7 crore allegedly collected from bar owners, Waze took some of the amount
to Kundan Shinde.
Senior advocate Vikram Chaudhari, appearing for
Deshmukh, questioned the “quality of evidence” based on Waze’s statements as he
has now been made an approver in the case.
Justice Karnik had begun hearing Deshmukh’s bail plea in the CBI
case on December 6, wherein Chaudhari had told the bench that there was an
“umbilical cord connection” between the CBI and ED cases and they were
“interlinked”.
Chaudhari had stated that the bail order in the ED case had
considered evidence in both the money-laundering case and the corruption case
by the CBI, and had also considered the age and ailments of the applicant. “The
HC bail order (October 4) in the ED case also said that in all probability,
Deshmukh may not be convicted. He has suffered for over a year in incarceration
and if he continues to remain in custody, it will be an injury to justice,” he
argued.