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Anil Deshmukh bail: Supreme Court upholds Bombay High Court order, quashes plea by Enforcement Directorate

The Supreme Court on Tuesday upheld the October 4 order of the Bombay High Court, granting bail to former Maharashtra Home Minister Anil Deshmukh, arrested in a case registered under the Prevention of Money Laundering Act (PMLA).

The Bench of Justice D.Y. Chandrachud and Justice Hima Kohli refused to interfere with the High Court order and dismissed the petition filed by the Enforcement Directorate (ED), which challenged the same.

However, the Apex Court clarified that since the observations made by the High Court in its order were for deciding on whether Deshmukh was entitled to bail, the same will not affect the trial or any other proceedings.

ED had filed an application in the Apex Court on Monday, challenging the bail granted by the Bombay High Court to Deshmukh.

On October 4, the Single-Judge Bench of Justice N.J. Jamadar had granted bail to Deshmukh, a leader of the Nationalist Congress Party (NCP). after observing that the first two components of credit in the Trust did not form the proceeds of crime.

As for the third component, the statement of dismissed Assistant Police Inspector of Mumbai Sachin Waze fell in the favour of Deshmukh. Besides, the applicant was given the benefit under Section 45 of the Prevention of Money Laundering Act (PMLA), the High Court had ruled.

It noted that the bail order will come into effect from October 13.However, the NCP leader had remained in the judicial custody at Arthur Road prison since he was being probed by the Central Bureau of Investigation (CBI) also in a corruption case.

CBI had booked Deshmukh and others on the basis of a complaint filed by Advocate Dr. Jaishri Patil, alleging them of indulging in corrupt practices during the period between 2019 and 2021.

The probe followed the directions issued by the Bombay High Court on April 5, 2021, while hearing the petition of former Commissioner of Mumbai Police, Param Bir Singh.

The ED then initiated money laundering proceedings against the former Minister on the basis of CBI’s FIR. Deshmukh was arrested by ED in November, 2021.

The NCP leader was sent to ED custody till November 15. He was later remanded to judicial custody.

Case title: ED vs Anil Deshmukh

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