The Supreme Court has been approached by Central Bureau of Investigation (CBI) for challenging the order of Bombay High Court that granted bail to former Maharashtra Home Minister and Nationalist Congress Party (NCP) leader Anil Deskhmukh in corruption case.
Advocate Arvind Kumar Sharma, who filed the plea said that the High Court did not consider that the matters pertaining to socio-economic offences should be seen and viewed differently.
The petition added that the leader may not be currently holding the office of profit, still he still holds considerable clout in the State.
The Petition emphasises that despite demitting the office of the Home Minister, the accused-holds a very prominent position in the state of Maharashtra.
The petition says that it is very likely that he will command his authority by virtue of his high level political associations and connections.
Anil Deshmukh is currently under 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.
The minister was granted bail in the case of money laundering by the Bombay High Court on October 4, but in CBI case , he was denied bail by the special court.
The former Cabinet minister from Maharashtra then moved to the High Court.
Anil Deshmukh was represented by Senior Advocate Vikram Chaudhari, and Advocate Aniket Nikam who contended that since both cases are connected, the bail granted in ED case should be rerason bail to be granted in the CBI case.
“The Advocate said that 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.
The Counsel for Deshmukh had said that the leader has spent over a year incarcerated, for allegedly committing an offence which was punishable upto 7 years imprisonment.
He also added that any further delay will be an injury to justice,”
A bail was granted to Anil Deshmukh on December 12 by the Bombay High Court in the CBI case.
Deshmukh was directed to be released on bail on furnishing bail bond in the sum of ₹1 lakh with one or more sureties.
Justice Karnik however thought that in the interest of justice, the order would be effective after a period of ten days from the date of the order.
The CBI then moved the present appeal before the top court.
The CBI submitted that the High Court had not give weightage to the material placed before it including the chargesheet but gave undue weightage to Deshmukh’s medical condition and age.
The petition contended that the testimony of cop Sachin Waze, who was an accused turned approver, could not have been dismissed merely because he was also a suspect and accomplice, the petition contended.