Bombay High Court reserves verdict in Anil Deshmukh bail plea

The Bombay High Court on Wednesday reserved its verdict in the bail application filed by former Maharashtra Home Minister Anil Deshmukh in the money laundering case being investigated by the Enforcement Directorate (ED)..Single-judge Justice NJ Jamadar indicated that he would try and deliver the order as soon as possible. The hearing before single-judge happened after the Supreme Court on Monday directed the High Court to take up the matter this week and dispose it of expeditiously.Deshmukh's counsel Vikram Chaudhari clarified to the Court the Supreme Court order was not meant to pressurize the High Court but only to seek interim relief for his client.The Court, however, expressed its displeasure that once the parties were aware of the decision of the Chief Justice of the High Court assigning the matter specifically to his court, they ought to have mentioned the matter before the High Court at the earliest seeking urgent reliefs.Chaudhari emphasized with vehemence that the grievance was not against the Court, but against the investigating agency for seeking long dates and adjourning the matter. Justice Jamadar, however, dropped the issue and closed the arguments for orders. .Deshmukh’s counsel had concluded his submissions yesterday, while the Additional Solicitor General Anil Singh argued today..Relying on the Supreme Court judgement upholding validity of provisions of the Prevention of Money Laundering Act (PMLA), Singh submitted that the apex court had opined that money laundering is an offence as serious as murder and terrorism and that in view of the twin conditions of PMLA, the Court has to be satisfied that the accused was not involved in the offence.The ASG’s primary contention was that the remand order by the special court had been passed from time to time and the same was not challenged, establishing that the arrest was legal and within the provisions of law.“Several proceeds of crime were generated and hence offence of money laundering is made out. The prosecution complaint show the role and manner in which the proceeds is generated showing Deshmukh's direct involvement,” the ASG said.The ASG also contended that the scheme of the Act, seriousness of the offence and the fact that such an economic offence would have an affect on the financial strength of the country, was required to be considered, while examining bail plea..Before concluding his submission, the ASG briefly pointed out that Deshmukh was not entitled to bail on medical grounds either in light of the twin conditions. "Without prejudice, assuming the accused is suffering from hypertension, there is no grievance that he has not been treated. Any and all accused will show that they suffer from hypertension and get relief. Admittedly, bail on medical ground is not sought. It cannot be said that if you are applying for medical bail then twin conditions will not apply. The incriminating and not incriminating aspects have to be considered at the stage of trial," the ASG stated..In rejoinder, Senior Advocate Vikram Chaudhari and Advocate Aniket Nikam stated that the entire case was based on statements of dismissed cop Sachin Waze, and his evidence as principal witness should not be considered."The other 5 accused in the case are on bail. When I refer to the material (evidence), I am saying that it may be of impeachable nature, and if he (ASG) is saying I have credible evidence… then it is for the court to see during trial," Chaudhari said in conclusion.