Special Court Rejects Anil Deshmukh's Bail Plea In Money Laundering Case

Special Judge RN Rokade pronounced the order.

Deshmukh, arrested on November 2, 2021, filed for default bail on January 2,2022 under section 167 (2) of the Criminal Procedure Code. He claimed that excluding the first remand, the statutory period of 60 days had elapsed without the court taking cognizance of the charge sheet submitted on December 27, 2021, and declaring the investigation complete.

However, the ED opposed the bail stating that the right to seek default bail was extinguished once the agency submitted the chargesheet before 60 days period lapsed. Additional Solicitor General Anil Singh assisted by Special prosecutor Shreeram Shirsat argued that section 167(2) of the CrPC did not mandate cognizance to be taken but only for charge sheet to be filed in the registry.

Facts of the Case

The ED had, on December 29, 2021, filed a 7,000-page supplementary charge sheet against Deshmukh and his sons. The agency's case is that Deshmukh allegedly misused his official position while serving as State Home Minister, and collected ₹4.70 crore from various bars in Mumbai through dismissed Assistant Police Inspector Sachin Waze. Waze is in judicial custody in the Antilia bomb scare and Mansukh Hiran murder cases. As per the prosecution, Deshmukh and his family members owned several companies which were used to launder the money.

The agency had earlier filed a charge sheet against 14 people, including Deshmukh's private secretary Sanjeev Palande and his Personal Assistant Kundan Shinde. The ED started investigating the case based on the FIR alleging corruption and misuse of official position lodged by the Central Bureau of Investigation in April last year.

Deshmukh's plea filed through advocates Aniket Nikam and Inderpal Singh claimed that it is well settled that mere filing of the complaint/prosecution cannot be construed as conclusion of investigation since the court has ample powers in terms of Section 156(3) CrPC to direct further investigation, instead of taking cognizance.