A Special court on Monday rejected the default bail plea filed by Maharashtra’s former Home Minister Anil Deshmukh and two others in a corruption case initiated against them on the ground that the CBI’s charge-sheet was “incomplete” and that the investigation had not been completed.
Though he pronounced the one-line operative part of his order rejecting default bail plea filed by Deshmukh and two others, Special CBI Court Judge SH Gwalani said that he would pass a detailed order later. ““Now it is just a one-line order. Let me get the order typed and then you will get a copy of the entire order,” the Judge told Advocate Sairuchita Choudhry, appearing for Deshmukh’s former personal secretary Sanjeev Palande, who wanted a copy of the order.
The three accused – Deshmukh, Palande and the former State Home Minister’s personal assistant Kundan Shinde – had moved the special court on the ground the charge-sheet filed by the CBI was “incomplete” as it had not submitted the documents that are to be submitted along with the charge-sheet. The documents were submitted after the stipulated period of 45 days of arresting the accused in the case.
In his plea filed in the court, Deshmukh’s lawyer Aniket Nikam said that an “incomplete” charge-sheet was filed by the CBI against his client. “Hence the applicant is entitled to invoke the remedy of statutory bail as contemplated under the provisions of section 167 (2) of the CrPC,” the lawyer stated an plea filed before the court on behalf of the court.
“Section 167(2) of the CrPC confers a right of bail on the accused if the investigating agency defaults in filing charge sheet within the time period stipulated in the section. In ny client’s case, the CBI filed the charge sheet on June 2 but it was incomplete,” Deshmukh’s lawyer told the court.
“The investigation is said to be complete if sufficient material is collected by the investigating officer, based on which cognisance can be taken under Section 167 of the CrPC. An incomplete charge sheet filed without completing the investigation cannot be used to defeat the right of statutory bail under Section 167(2) of the CrPC,” Deshmukh’s plea stated.
The petitioners had argued that the charge sheet in the case – along with relevant documents ought to have been filed within 60 days from the arrest of the accused. Since the condition had not been fulfilled, the accused had sought default bail in the case.
It may be recalled that on April 6, 2022, the CBI got the custody of former Home Minister Anil Deshmukh in a Rs 400 crore corruption case.
It may be recalled that on November 2, 2021, the ED had arrested Deshmukb under the provisions of Prevention of Money Laundering Act (PMLA) on charges of bribery, conspiracy and misuse of office. Deshmukh had resigned from his post as the State Home Minister on April 5 2021 within hours after the Bombay High Court ordered a “Preliminary Enquiry” (PE) by the CBI into the serious charges of corruption made against him by Mumbai’s former Police Commissioner Param Bir Singh. He is being investigated by the CBI and Enforcement Directorate (ED) over the allegations of corruption made by Param Bir Singh.
It may be recalled that on March 20, 2021 the former commissioner of police had alleged that State Home Minister Deshmukh had asked now arrested and dismissed police officer Sachin Vaze to "collect" a staggering Rs 100 crore per month from bars, restaurants and other sources in Mumbai.
Deshmukh is being investigated by the CBI in connection with a First Information Report (FIR) registered by it on April 24 section 7 of the amended Prevention of Corruption Act and section 120-b (conspiracy) of IPC for an “attempt to obtain undue advantage for important and dishonest performance of the public duty”.
Having prima facie found “cognisance offences” of corruption and conspiracy against him during a Preliminary Enquiry (PE) conducted by it into the allegations made against him by Mumbai’s former Police Commissioner Param Bir Singh, the CBI had on April 21 last year registered a regular case against him and other unknown people.
Having established a trail for Rs 4.7 crore allegedly paid by the 10 bar owners in Mumbai over a period of three months December 2020 and February 2021, the ED had conducted raids on the three residences and one property of Deshmukh on June 25.
The ED had alleged that of the total amount, Rs 4.18 crore was then deposited in cash with four Delhi-based shell companies– Reliable Finance Corporation Pvt. Ltd, VA Realcon Pvt. Ltd., Utsav Securities Pvt. Ltd. and Sital Leasing and finance Pvt. ltd. These firms subsequently donated the entire money to Shri Sai Shikshan Sansthan Trust, a charitable trust headed by Anil Deshmukh and his family.
Among other things, the ED had told the court on June 26 2021 that Rs. 40 lakh was paid by 60 bar owners to the now dismissed and incarcerated Assistant Police Inspector (API) Sachin Waze in December last year. The bar owners have told the ED that the amount was paid for ‘smooth functioning’ of their establishments.