CBI Moves Supreme Court Challenging Grant Of Bail To Anil Deskhmukh By Bombay High Court

The Central Bureau of Investigation (CBI) has moved to the Supreme Court of India challenging the Bombay High Court order granting bail to former Maharashtra home minister and NCP leader Anil Deshmukh in a corruption case over alleged llegal gratification from bar owners and corruption in police transfers and posting in Maharashtra.. The Bombay High Court, through its order dated December 12, had provided the CBI with ten days to appeal against the order of bail. 

Deshmukh is under custody since his arrest on November 2, 2021. The Bombay High Court had earlier granted bail to the former Home Minister in a money laundering case, which the Supreme Court refused to set aside.

CBI had lodged a case against Deshmukh for offences under Section 7 of the Prevention of Corruption Act and under Section 120B of the Indian Penal Code. As per the petition, the preliminary enquiry, prima facie, revealed that a cognizable offence was made out against Deshmukh where he along with unknown others had attempted to obtain undue advantage for improper and dishonest performance of the public duty. 

The petition states that the High Court has committed grave error while granting bail as it failed to consider the consequence of granting bail to Deshmukh on the further investigation which was still pending. It adds–

"The High Court failed to appreciate that the economic offences are required to be treated as a separate category of offences and bail in such offences is not required to be granted as a routine matter. Usually, social-economic offences have deep-rooted conspiracies affecting the moral fibre of the society and causing irreparable harm, need to be considered seriously."

Stating that the High Court has failed to appreciate the gravity of the offences committed by Deshmukh when he was the holder of a very high office in the government of Maharashtra, the petition seeks to set aside the order passed by the Bombay High Court.