Bombay High Court agrees to hear Anil Deshmukh bail plea on priority in view of his medical condition

The Bombay High Court on Friday formed a prima facie opinion that the bail petition of former Maharashtra cabinet minister Anil Deshmukh in the corruption case against him can be heard on a priority basis in view of the medical condition of Deshmukh..Justice MS Karnik had in the previous hearing asked Deshmukh’s lawyers to first satisfy the Court about the existence of medical grounds that would warrant expeditious hearing of Deshmukh's bail plea. Senior Advocate Vikram Chaudhari, and Advocate Aniket Nikam appearing for Deshmukh, pointed out to the Court an order passed by a co-ordinate bench granting bail to Deshmukh in money laundering case. “Whether I am a sick person was being considered in the money laundering bail plea and the High Court had considered my medical records. I am a sick person, it is not developed overnight. His medical condition is not static, keeps changing. I am a chronic patient,” the lawyer argued. Justice Karnik came to the prima facie opinion that priority can be given to the bail plea as the co-ordinate bench had also considered Deshmukh’s medical condition. “Once the High Court has confirmed on the medical grounds, the hearing of bail on merits can be given priority. I only wanted to hear on medical grounds before so that I can ascertain if priority should be given or not. And prima facie I am satisfied that we can proceed on hearing of merits. The fact that his condition is degenerative - which the High Court has considered - is one of the grounds,” the judge said..Deshmukh is embroiled in two investigations arising from same allegation - one by CBI for offences of corruption and the other by the Enforcement Directorate (ED) for the offence of money laundering.He was granted bail in the money laundering case by the Bombay High Court on October 4. This order was upheld by the Supreme Court.However, in the CBI case, the special court refused to grant bail to Deshmukh.He then approached High Court seeking bail, pointing out that the special court failed to consider the observations of the High Court in its order granting bail in the money laundering case.CBI opposed the bail plea stating that grant of bail to a person accused in money laundering case cannot be a ground to release him on bail in related corruption case.CBI stated that the statements of Waze recorded under the PMLA could not be equated with his statements recorded before the judicial magistrate under Section 164 of the Code of Criminal Procedure in the corruption case.The CBI also rebutted Deshmukh's argument that the PMLA case was an offshoot of the CBI case..High Court will begin hearing the bail plea December 6 onwards.