Breaking: Bombay High Court Refuses to Extend Stay On Order Granting Bail to Anil Deshmukh

Paving way for Deshmukh's release, Justice Santosh Chapalgaonkar refused to entertain CBI's plea in light of regular court's earlier order that no further extension will be entertained.

"It is made clear that no further request of extension under any circumstances will be entertained," a single-judge bench of Justice M. S. Karnik had stated on December 21 while staying the effect of the bail order till today (December 27).

The CBI approached the HC after it could not get a hearing before the Supreme Court in its challenge to the bail order. The SC is closed for vacations till January 2, 2023.

Advocate Aniket Nikam for Deshmukh contended that CBI is trying to overreach the court's earlier order. He further said that the matter is sub judice in Supreme Court. CBI has failed to make out any urgency in Supreme Court and hence CBI is coming to the HC for a stay, he said adding that this cannot be permitted.

Justice Karnik, while granting bail to Deshmukh on December 12, had made the bail order effective after 10 days so that the CBI could approach the SC to challenge it.

Deshmukh's bail order will become effective from Wednesday, December 28.

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.

CBI's petition, filed on December 16 before the 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.