No evidence against Anil Deshmukh except statement of Sachin Waze: Five reasons why Bombay High Court granted bail

The Bombay High Court on Monday granted bail to former Maharashtra cabinet minister Anil Deshmukh in a corruption case on medical grounds and reasoned that prolonging his custody in prison based on the evidence available, was not sound..Justice MS Karnik gave five reasons in his 19-page order for the release the senior politician from prison. .1. Except for statement of dismissed Mumbai cop Sachin Waze, no other recorded statement indicated Deshmukh instructed collection of money Waze’s statements claimed that an amount of ₹1.71 crores was transferred during the months of February and March, 2021 allegedly extorted from the bars owners and handed over to Deshmukh's personal assistant, Kundan Shinde.Except for this, none of the statements recorded indicate that it was under the instructions of Deshmukh that money was to be collected, the Court said.“It is for the trial Court to look for corroboration in material particulars for relying on the statement of Sachin Waze, the approver. It has to be borne in mind that Waze was a suspect and accomplice who has been granted pardon and has turned approver. To prolong the custody of the applicant on the basis of these materials may not be sound,” the Court stated in the order granting bail. .2. Bail granted in money laundering case despite rigours under the PMLA Act cannot be overlooked Deshmukh had been granted bail by a co-ordinate bench of the High Court in the money laundering case which was registered by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA) on the basis of the same allegations. The bail granted in ED case, despite rigours of the PMLA, cannot be overlooked, Justice Karnik noted.“Though I have not taken into consideration the observations made in the PMLA bail case, the circumstance that the applicant has been granted bail in the PMLA case despite the rigour of the restrictions envisaged by the main part of sub-section (1) of Section 45 of the PMLA cannot be overlooked” the judge stated..3. Deshmukh no more a Home Minister, not in a position to influence investigationJustice Karnik reasoned that since Deshmukh was not the Home Minister of the State anymore, there was no question of him influencing the investigation. The Central Bureau of Investigation (CBI) had filed a chargesheet in the corruption case, however, it is yet to complete investigation on the aspect of reinstatement of Mumbai cop Sachin Waze and Deshmukh’s interference in the transfer of officials.This also meant that the trial would not be concluding any time soon in the near future, the High Court said. “The CBI may proceed with the investigation but not at the cost of continued incarceration of the applicant. Deshmukh appears to have roots in society and the possibility of fleeing away from justice seems remote. The apprehension on the part of the prosecution of tampering with the evidence and threatening the witnesses can be taken care of by imposing stringent conditions,” the judge held..4. Deshmukh suffers from degenerative ailments, deserves bail Justice Karnik relied on observations of the co-ordinate bench order in PMLA case which stated “it would be audacious” to hold that Deshmukh is not a sick person based on medical records placed before the Court. Justice Karnik reiterated it was necessary to consider that the 73-year old Deshmukh suffers from multiple ailments, some of them even classified as degenerative.“In all fairness to CBI, it is not Deshmukh’s case that he is not receiving proper medical treatment while in custody. The age and the medical history of the applicant is another circumstance which falls for consideration. The medical reports/certificates show that the applicant is suffering from chronic ailments,” the Court reasoned. .5. Offence under corruption act punishable upto 7 years imprisonment, no antecedentsThe Court noted that Deshmukh was charged with offences punishable with imprisonment for upto 7 years but not with life or death. It also noted that he had no criminal antecedents.