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Money Laundering Case: Anil Deshmukh Approaches Mumbai Special Court For Default Bail

Sharmeen Hakim
5 Jan 2022 7:16 AM GMT
Money Laundering Case: Anil Deshmukh Approaches Mumbai Special Court For Default Bail
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Maharashtra's former Home Minister Anil Deshmukh, who was arrested on November 2 last year by the Enforcement Directorate in connection with a money laundering case, has filed for default bail under section 167 (2) of the Criminal Procedure Code, before the special court in Mumbai.Deshmukh is currently in judicial custody in an alleged Prevention of Money Laundering case and has filed for bail...

Maharashtra's former Home Minister Anil Deshmukh, who was arrested on November 2 last year by the Enforcement Directorate in connection with a money laundering case, has filed for default bail under section 167 (2) of the Criminal Procedure Code, before the special court in Mumbai.

Deshmukh is currently in judicial custody in an alleged Prevention of Money Laundering case and has filed for bail on the grounds that the special PMLA court is yet to take cognisance of the charge sheet filed against him last week. Hearing on the application is currently underway before Special Judge Rahul Rokade.
The application states that, excluding the first remand, 60 days have elapsed and he is willing to accept bail bond under section 167 of CrPC for default bail.
"That in a surreptitious manner without disclosing to this Hon'ble court that the statutory period of 60 days shall expire on 1/1/2022, the respondents obtained remand from the Hon'ble Court till 9/1/2022 when the matter was listed before the Hon'ble Court on 27/12/2021. The remand of the applicant to custody beyond the period of 60 days is non-est in the eyes of law, in view of the statutory embargo contained in Section 167 CrPC. That. since the right to statutory bail arises only after completion of 60 days of remand, this application is now being preferred," the application reads.
It further states that it is well settled that mere filing of the complaint/prosecution cannot be construed as conclusion of investigation and notwithstanding the same the court has ample powers in terms of Section 156(3) CrPC to direct further investigation, instead of taking cognisance.
"That, till now i.e. till presentation of this application, no satisfaction is recorded by this Hon'ble Court regarding completion of investigation on perusal of any prosecution complaint presented before it. Unlike sub section (1) which requires satisfaction of the Investigating officer, in Sub-Section (2) of Section 167 CrPC, satisfaction is of the Court," the application argues on the point of absence of cognisance by the special court.
It further states that if the accused is willing to furnish bail bonds on expiry of 60 days, a combined reading of sections 156(3), 167(2), 190 and 309(2) of the CrPC "clearly shows that at pre cognisance stage, there is a statutory embargo in granting remand beyond 60 days under Section 167(2)".
The application calls it an "indefeasible right of statutory bail" to the accused under Section 167(2) CrPC, which is also constitutional and fundamental right in terms of Article 21.
Background
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 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.
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