Breaking: Mumbai Special Court Refuses Bail To Anil Deshmukh In Corruption Case

It added,

"In the present case it is clear that a huge amount affecting the economy of the nation is involved....Murder may be committed in the heat of the moment, but that's not the case with economic offences."

Since the Bombay High Court has already granted bail to Deshmukh in a money laundering case being investigated by the Enforcement Directorate, the NCP leader continues to remain incarcerated only in the CBI case against him.

Deshmukh cited the Bombay HC order to say that CBI's star witness, dismissed Mumbai cop Sachin Waze (an approver) was unreliable. He cited Waze's changing statements before Justice K U Chandiwal's Commission, appointed by the state government in the issue.

However, the CBI led by ASG Anil Singh called Deshmukh a flight risk and attempted to distinguish the ED case from the CBI case. He said that Waze was declared as an approver in the case and there was enough evidence against Deshmukh.

Deshmukh was arrested on November 2, 2021 by the ED following over 12 hours of interrogation.

Facts

On April 5, 2021 the Bombay High Court directed CBI to conducted a preliminary enquiry into a letter wherein Ex-Mumbai police commissioner Param Bir Singh alleged that Deshmukh had asked dismissed cop Sachin Waze and two other officers to illegally collect Rs 100 crore from bar owners every month for him. The order was passed on a batch of petitions.

Subsequently, CBI registered an FIR under the Prevention of Corruption Act. The ED's case was based on the CBI's corruption FIR against Deshmukh.

According to the ED probe, as Maharashtra's home minister, Deshmukh had received atleast Rs 4.7 crore in illegal gratification in cash from various orchestra bar owners between December 2020 and February 2021 through dismissed cop Sachin Waze.

"May Not Get Convicted"- HC

In its detailed order granting bail to Deshmukh the HC recorded its satisfaction that the former minister, in all probability, "may not be ultimately convicted" in the money laundering case being investigated by ED.

Justice NJ Jamadar in his judgement said that a collection of Rs.4.70 Crores from the bar owners by dismissed cop Sachin Waze would be "proceeds of crime" and there was evidence demonstrating this. However, there was a dispute regarding who was the money being collected for, Deshmukh or former police commissioner Parambir Singh, as there were several contradictory statements.

The bench found Param Bir Singh and Waze's allegations about Deshmukh making money over police transfers and postings to be "hear-say".

Regarding Waze not being a credible witness, the court had said,"In my view, the material, prima facie, renders it unsafe to place reliance on the statement of Mr. Sachin Waze, a co-accused, that cash amount was collected and delivered to Mr. Kundan Shinde at the instructions of the Applicant (Deshmukh)."

"In the least, the tenure of Mr. Sachin Waze as a police officer has been controversial. He was under suspension for almost 16 years. He came to be arrested by NIA in C.R.No.35 of 2021 for the alleged murder of a person in connection with the occurrence of a gelatin laden SUV. His statements were recorded by ED whilst he remained in the custody of jurisdictional Court," the bench observed.