Bombay High Court Extends Stay On Order Granting Bail To Anil Deshmukh

The Bombay High Court on Wednesday extended the date from which the order granting bail to Anil Deshmukh, former state home minister, would be effective in the CBI case.

Justice MS Karnik said his order would be effective after Tuesday.

"The order now will be effective after Tuesday 27th December. It is made clear that no further request under any circumstances will be entertained," the court said.

ASG Anil Singh for CBI submitted after the Bombay HC granted bail to Deshmukh in the corruption case, the agency approached the SC within two days but the vacation bench was not available.

"There has to be balance and we should also get an opportunity. Whether we will succeed Before SC or not is a different issue," he said.

He urged the court to extend the protection till reopening of the court.

"Why has it not come up in Supreme Court immediately after it was filed?" Justice Karnik asked. He wondered if the HC could even entertain if the SC was seized of the matter.

"Lordship has power to consider my application. On merits I understand but not on this ground that SC is seized", Singh said.

Advocates Aniket Nikam and Inderpal Singh submitted that the application is an abuse of process of law.

"The order for bail was passed on December 12 and made available the same day. They filed the petition on December 16, last [working] date of Supreme Court [before vacation]. CBI has earlier challenged orders overnight. There is vacation registrar notified before whom they can seek urgency and get matter heard. They want this 'backdoor entry' and want this court to exercise powers," he submitted.

Justice Karnik enquired why didn't the CBI approach the Registrar then to which the ASG said the registrar was contacted but it was difficult to get the matter listed.

"I am suggesting. Lordship may continue stay till Tuesday. I'll try to get it listed before registrar of SC. If it is not listed, consequences will follow."

"I will grant till Tuesday", Justice Karnik said.

The CBI had earlier moved the Supreme Court challenging the High Court order granting bail to Deshmukh on December 16.  The High Court on December 12 had provided the CBI with ten days to appeal against the order of bail.

Deshmukh has been under custody since November 2, 2021. The High Court had earlier granted bail to the former Home Minister in a money laundering case too, 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 before apex court states that the High Court has committed grave error while granting bail as it failed to consider the consequence of granting bail to Deshmukh while further investigation is still pending.