Bail should be granted in CBI case since bail was allowed in ED case: Anil Deshmukh to Bombay High Court

Former Maharashtra cabinet minister Anil Deshmukh concluded his arguments before the Bombay High Court on the plea seeking bail in the corruption case registered against him by the Central Bureau of Investigation. .Deshmukh is embroiled in two investigations arising from same allegation - one by Central Bureau of Investigation (CBI) for offence of corruption and the other by the Enforcement Directorate (ED) for the offence of money laundering.Deshmukh was granted bail in the money laundering case by the Bombay High Court on October 4. However, in the CBI case, the special court refused him bail, and the same was challenged by Deshmukh before the High Court. .Senior Advocate Vikram Chaudhari, and Advocate Aniket Nikam appearing for Deshmukh contended that since both cases are connected, and since Deshmukh was granted bail in the ED case, he ought to be granted bail in the CBI case. “There is an umbilical cord connection between the two cases. The ECIR in the ED case is a replica of the CBI case. Both cases are interwoven and inter linked and both trials have to go together by virtue of the facts of case,” Chaudhari said.Chaudhari contended that Deshmukah has spent over a year incarcerated, for allegedly committing an offence which was punishable upto 7 years imprisonment. "Any further delay will be an injury to justice," Chaudhari contended. .Chaudhari also informed the Court that the controversial former Mumbai cop Sachin Waze had been made an approver in CBI’s case. However, the High Court had raised doubts over the veracity of Waze’s statements while granting bail to Deshmukh in the ED case. Chaudhari claimed the special judge had erred in considering the observations made against them."There is a bail order which is operating in my favour, and I am not saying that it works automatically. I qualify on a better footing, as I have been cleared in the PMLA offence," Chaudhari said..Chaudhari further contended that CBI had filed a chargesheet in the corruption case, however they were yet to complete investigation on the aspect of reinstatement of Mumbai cop Sachin Waze and Deshmukh’s interference in the transfer of officials. On the contrary, ED had already completed its investigation on all aspects when they filed their prosecution complaint in December 29, 2021..After Chaudhari concluded, Additional Solicitor General Anil Singh, appearing for CBI, began his submissions opposing Deshmukh's plea. He argued that bail in PMLA offence would not mean bail can automatically be granted in CBI case. "PMLA offence is based on predicate offence, but predicate offence is not based on PMLA offence. So bail in PMLA offence will not mean grant me bail in predicate offence,” the ASG said..Justice MS Karnik had during the last week formed a prima facie opinion that Deshmukh’s bail plea can be heard on a priority basis in view of his medical condition.He will continue hearing the plea on December 8.

Bail should be granted in CBI case since bail was allowed in ED case: Anil Deshmukh to Bombay High Court

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