[Anil Deshmukh] Bail in PMLA case cannot be ground for bail in corruption case: CBI to Bombay High Court

Grant of bail to a person accused in money laundering case cannot be a ground to release him on bail in related corruption case, the Central Bureau of Investigation (CBI) told the Bombay High Court on Friday, opposing former cabinet minister Anil Deshmukh's bail plea..In its affidavit filed before the High Court, the central agency stated that there were serious allegations against Deshmukh like corruption, extortion and criminal conspiracy."The grant of bail to the applicant (Deshmukh) in PMLA cannot be a fait accompli to enlarge him on bail in the present case" CBI highlighted in their reply.Deshmukh moved the High Court after a special CBI court at Mumbai had rejected his regular bail plea on October 22..Deshmukh is embroiled in two investigations arising from same allegations - 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.The High Court had questioned the credibility of the statements of dismissed Mumbai cop Sachin Waze and said that Deshmukh may not be ultimately convicted.In its reply affidavit, 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. "In the order of the High Court granting bail to the applicant in PMLA case, the probative value of statement of Sachin Waze is discussed in capacity of a co-accused whereas in the present (corruption) case, he had been granted pardon and therefore ceases to be an accused and now is a prosecution witness," the CBI affidavit said..The CBI also rebutted Deshmukh's argument that the PMLA case was an offshoot of the CBI case/ "PMLA case is not an offshoot of the present case. It is a separate and distinct offence under the PC Act and must be considered in that perspective" the affidavit stated. .The matter was mentioned before Justice Bharati Dangre today who recused from hearing the matter. Justice Dangre had earlier also recused from hearing the matter. The matter will now be mentioned before Justice SK Shinde.