A Mumbai court on Monday extended the Central Bureau of Investigation's (CBI) custody of former Maharashtra Home Minister Anil Deshmukh till April 16. .The order was passed by Special judge DP Shingade."Considering the progress of the investigation so far and taking into consideration the nature of the allegations in the FIR, this court is satisfied that the grounds for further extension of CBI custody are satisfactory and hence, the accused persons are required to be remanded in CBI custody for further investigation as prayed” the order statedThe order further stated that considering Deshmukh had been discharged from the JJ Hospital, the medical ground was not sufficient to reject his CBI custody remand for the purpose of further investigation..The CBI had registered a First Information Report(FIR) last year against Deshmukh and unknown others on the basis of the findings in the preliminary enquiry initiated into the complaint of Dr. Jaishri Patil. The enquiry was initiated after a direction to that effect was issued on April 5, 2021 by the Bombay High Court in the plea filed by Param Bir Singh, former Commissioner of Mumbai Police.The court had earlier ordered his remand with the agency for 5 days from April 6 to April 11, 2022..State Public Prosecutor Ratan Deep Singh, on behalf of the CBI had submitted that further custody was essential to confront Deshmukh and others with more witnesses and, therefore, requested for extension of the remand.He prayed that additional custody of 5 day be allowed with CBI.He pointed out that the accused under arrest were taking many breaks during investigation and not co-operating with the probe..Senior Advocate Vikram Chaudhri, representing Deshmukh, opposed the extension. He claimed what was pertinent for the Court to scrutinize was whether legal procedure had been followed, and if there was a breach in compliance leading to violation under Article 21 of the Constitution.He highlighted that a year had elapsed since the FIR post which a notice had been issued under section 41A of the Criminal Procedure Code (CrPC). Chaudhri argued that despite multiple requests by Deshmukh extending co-operation, the timing of this arrest by CBI came just a few days before the ED bail plea was to be heard by the Bombay High Court. Chaudhri emphasized that the cardinal question in the present case was the necessity of arrest and custody. “Despite several directives, that people who are of old age suffering from ailments, arrest ought not be made, I have been arrested.. I am not asking for preferential treatment, I am only saying treat me as in accordance with law,” Chaudhri stated. Chaudhri also responded to CBI’s allegation of ’not answering’ stating that he has a fundamental right to silence. “He is not bound to answer. He has a fundamental right to silence. Their application comes across that whatever they put is the gospel truth. That whatever they put in the application ought to be considered,” Chaudhri argued.Advocate Aniket Nikam also appearing for Deshmukh, stated that the allegations of taking constant breaks were all in air, as Deshmukh had co-operated with the interrogation uninterrupted. Chaudhri further stated that if the interrogation had been conducted at length as stated in the remand, then there ought not be any reason to extend remand. .Advocates for Deshmukh’s associates Sanjeev Palande and Kundan Shinde stated that grounds for additional remand had not been made out. Advocate Prashant Pawar for Shinde added that being an assistant to the minister the agency could not have made out a case for corruption against them.Meanwhile Sachin Waze’s lawyer Advocate Rounak Naik informed the Court that he has conceded for the custody considering the entire case is based on his statement.
A Mumbai court on Monday extended the Central Bureau of Investigation's (CBI) custody of former Maharashtra Home Minister Anil Deshmukh till April 16. .The order was passed by Special judge DP Shingade."Considering the progress of the investigation so far and taking into consideration the nature of the allegations in the FIR, this court is satisfied that the grounds for further extension of CBI custody are satisfactory and hence, the accused persons are required to be remanded in CBI custody for further investigation as prayed” the order statedThe order further stated that considering Deshmukh had been discharged from the JJ Hospital, the medical ground was not sufficient to reject his CBI custody remand for the purpose of further investigation..The CBI had registered a First Information Report(FIR) last year against Deshmukh and unknown others on the basis of the findings in the preliminary enquiry initiated into the complaint of Dr. Jaishri Patil. The enquiry was initiated after a direction to that effect was issued on April 5, 2021 by the Bombay High Court in the plea filed by Param Bir Singh, former Commissioner of Mumbai Police.The court had earlier ordered his remand with the agency for 5 days from April 6 to April 11, 2022..State Public Prosecutor Ratan Deep Singh, on behalf of the CBI had submitted that further custody was essential to confront Deshmukh and others with more witnesses and, therefore, requested for extension of the remand.He prayed that additional custody of 5 day be allowed with CBI.He pointed out that the accused under arrest were taking many breaks during investigation and not co-operating with the probe..Senior Advocate Vikram Chaudhri, representing Deshmukh, opposed the extension. He claimed what was pertinent for the Court to scrutinize was whether legal procedure had been followed, and if there was a breach in compliance leading to violation under Article 21 of the Constitution.He highlighted that a year had elapsed since the FIR post which a notice had been issued under section 41A of the Criminal Procedure Code (CrPC). Chaudhri argued that despite multiple requests by Deshmukh extending co-operation, the timing of this arrest by CBI came just a few days before the ED bail plea was to be heard by the Bombay High Court. Chaudhri emphasized that the cardinal question in the present case was the necessity of arrest and custody. “Despite several directives, that people who are of old age suffering from ailments, arrest ought not be made, I have been arrested.. I am not asking for preferential treatment, I am only saying treat me as in accordance with law,” Chaudhri stated. Chaudhri also responded to CBI’s allegation of ’not answering’ stating that he has a fundamental right to silence. “He is not bound to answer. He has a fundamental right to silence. Their application comes across that whatever they put is the gospel truth. That whatever they put in the application ought to be considered,” Chaudhri argued.Advocate Aniket Nikam also appearing for Deshmukh, stated that the allegations of taking constant breaks were all in air, as Deshmukh had co-operated with the interrogation uninterrupted. Chaudhri further stated that if the interrogation had been conducted at length as stated in the remand, then there ought not be any reason to extend remand. .Advocates for Deshmukh’s associates Sanjeev Palande and Kundan Shinde stated that grounds for additional remand had not been made out. Advocate Prashant Pawar for Shinde added that being an assistant to the minister the agency could not have made out a case for corruption against them.Meanwhile Sachin Waze’s lawyer Advocate Rounak Naik informed the Court that he has conceded for the custody considering the entire case is based on his statement.
