ED opposes Anil Deshmukh bail plea; says statutory bail can't be considered once chargesheet filed

The Enforcement Directorate (ED) has sought rejection of the bail application filed by former Maharashtra Home Minister Anil Deshmukh before a Mumbai Sessions Court in relation to the money-laundering case against him..Deshmukh had submitted in his plea, filed through advocate Aniket Nikam, that he is entitled to statutory bail since no cognisance had been taken by the Special Court of the chargesheet within the statutory period of 60 days as prescribed under Section 167 of the Code of Criminal Procedure (CrPC).Deshmukh had stated that excluding the date of the first remand, a period of 60 days have elapsed and a statutory embargo was created on any further custody as per Section 167..ED in its 10-page reply filed through advocate Shreeram Shirsat, stated that the “concept of statutory bail cannot be considered once the chargesheet and supplementary chargesheet has been filed”.The agency pointed out that the supplementary chargesheet against Deshmukh had been filed on December 29, 2021, which is within the period of 60 days from date of arrest (November 2, 2021).The question of cognizance is not relevant for ascertaining the right of default bail of the accused persons since Section 167(2) only pertains to completion of investigation within stipulated time, it was submitted.“Default bail cannot be granted merely on the ground that cognizance has not yet been taken within the statutorily prescribed time period,” the reply stated.It is the prerogative of the Court to take cognisance of the supplementary complaint which the ED claimed to have filed within the stipulated time..Additional Sessions Judge RN Rokade will hear the bail application on January 7, 2022..Deshmukh has been in judicial custody since November 15, 2021 in connection to the probe initiated by the ED after the Central Bureau of Investigation (CBI), filed a first information report (FIR) following a Court-directed enquiry into allegations of corruption and misuse of his official position.Simultaneously, Deshmukh had challenged the summons before the Bombay High Court, which dismissed his petition while directing him to take appropriate steps to approach the courts for anticipatory bail..The former Maharashtra Home Minister appeared before ED officials on Monday, November 1. After interrogation for about 12 hours, he was arrested post midnight on Tuesday (the next day). A Mumbai court had then allowed ED custody of Deshmukh till November 6, 2021.A Sessions Court then turned down the ED's plea for extension of custody, and he was remanded to judicial custody of 14 days. This order was set aside by the Bombay High Court in a special Sunday sitting after ED challenged the same.The High Court then remanded Deshmukh to ED custody till November 12, which was extended till November 15, and the NCP leader has been in judicial custody since.