The Central Bureau of Investigation (CBI) has moved the Supreme Court challenging a Bombay High Court order granting bail to former Maharashtra Home Minister and Nationalist Congress Party (NCP) leader Anil Deskhmukh in connection with a corruption case against him.
The plea, filed through advocate Arvind Kumar Sharma, said that the High Court failed to consider that socio-economic offences needed to be viewed differently.
The petition further said that the High Court did not consider the fact that even though Deshmukh is not currently the Home Minister of Maharashtra, he still holds considerable clout in the State.
"Despite demitting the office of the Home Minister, Government of Maharashtra, the accused-respondent still holds considerable clout in the State of Maharashtra. There is every likelihood that he will command his authority by virtue of his high level political associations and connections," the petition said.
Deshmukh is embroiled in 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.
Deshmukh was granted bail in the money laundering case by the Bombay High Court on October 4. However, in the CBI case, the special court refused him bail, and the same was challenged by Deshmukh before the High Court.
The Bombay High Court had, on December 12, granted bail to Deshmukh 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.
However, considering the nature of the controversy, Justice Karnik deemed it to be in the interest of justice to make the order 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 before the top court that the High Court had not appreciated the material placed before it including the chargesheet holistically, and gave undue weightage to Deshmukh's medical condition and age.
The testimony of cop Sachin Waze, an accused turned approver, could not have been dismissed merely because he was also a suspect and accomplice, the petition contended.
Mere release of the accused is sufficient to dent the confidence of the witnesses in the case, the plea added.