Chargesheet not incomplete: CBI opposes default bail of Anil Deshmukh

The Central Bureau of Investigation (CBI) has opposed the plea filed by former Maharashtra Home Minister Anil Deshmukh and his associate Sanjeev Palande before a Mumbai court seeking default bail in the corruption case registered against them by the central agency. .Deshmukh and Palande sought bail on the ground that the chargesheet filed by the CBI was incomplete, as it was merely 59 pages, while documents and annexures which form part of the chargesheet were never filed.In view of this, they claimed they are entitled to invoke the remedy of statutory bail contemplated under Section 167 (2) of the Code of Criminal Procedure (CrPC).However, the CBI has rebutted this argument stating that the chargesheet is not incomplete as has been claimed. ."The supply of the final report to the accused under Section 207 of the Code of Criminal Procedure has no nexus with Section 167(2) of the CrPC for default bail. It is wrong to contend that the investigation has not been completed within 60 days of the arrest of the accused. The police report has been filed by CBI before the Court on June 2 as is borne out by the roznama,” the affidavit filed by the CBI stated.It was further submitted that as required under law, a complete police report in terms of the chargesheet, has been filed with the Special Court."Mere delay on account of other compliance to file the documents relied upon with the police report cannot take away the fact that a police report has, in fact, been filed within the stipulated period prescribed by law," the reply highlighted..The CBI argued that not filing documents with chargesheet did not mean the chargesheet is incomplete.Moreover, the court which directed them to deposit remaining documents on or before June 7, had done so after considering the charge sheet filed before it, CBI said in the reply.“Therefore, there is no anomaly in the action of the CBI and the same is within the parameters of law. Thus, the accused applicant does not deserve any concession under law," said the reply..Deshmukh and Palande had also taken exception to the CBI not supplying them with copies of the chargesheet and other documents as mandated under Section 207 of CrPC.CBI opposed this contention arguing that under CrPC, only filing of the chargesheet within a prescribed period is mandated and the accused do not have a right to claim copy of the chargesheet..CBI registered an offence against Deshmukh and unknown others on the basis of the findings in the preliminary inquiry initiated into the complaint of Dr. Jaishri Patil.The inquiry was initiated after a direction to that effect was issued on April 5, 2021 by the Bombay High Court in the plea filed by Param Bir Singh, former Commissioner of Mumbai Police.Post investigation, Deshmukh stood named in the FIR along with personal secretary Sanjeev Palande, personal assistant Kundan Shinde and dismissed Mumbai Police cop Sachin Waze whose names were added later on.Deshmukh and others were first arrested by the Enforcement Directorate (ED) in November 2021 in relation to the same case but for money laundering offences under the Prevention of Money Laundering Act (PMLA).Later, they were arrested by the CBI in the first week of April this year.They were in CBI custody till April 16 after which they were remanded to judicial custody.

Chargesheet not incomplete: CBI opposes default bail of Anil Deshmukh

Neha Joshi

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