Enough evidence, says court, denies Anil Deshmukh bail

MUMBAI: Holding that there is prima facie sufficient evidence of money laundering, a special PMLA court on Monday rejected the bail plea of former Maharashtra home minister Anil Deshmukh, 73, in a case registered against him last year. The court also said while there may be contradictions in the witness statements, it cannot be considered at the bail stage. The Enforcement Directorate had arrested Deshmukh on November 2.
The ED had opposed his bail plea. The investigating agency submitted that there is sufficient material against Deshmukh which shows his complicity in the crime. It also expressed fears that he may influence witnesses if granted relief.
In January this year, the court took cognizance of the ED's chargesheet against Deshmukh. The ED filed its case after the CBI registered a case under the Prevention of Corruption Act against him on April 21 last year for allegedly asking (now-dismissed) police officer Sachin Waze to collect money from bars and restaurants.
Deshmukh filed for his bail on grounds of merit, saying that there was no evidence against him and that the trial is unlikely to start soon and that the ED has "played truant with process of courts and there is a grave overreach." His bail plea said he had "voluntarily arrived" at the ED office on November 1, 2021 on summons issued to him, as permitted by the Bombay high court, where he was constantly questioned and finally arrested late night.
The plea also said Waze's credibility is a matter of serious concern. It said Waze had made several statements before the state's commission of enquiry, where he completely turned around and said he had never met Deshmukh and had never passed on any illegally collected money.
The former minister alleged gross persecution. He said the ED has displayed a "dichotomy" in its stand on the material it has had with it in different courts to now say the material is enough for his arrest, when, in fact, he was summoned to be confronted with documents and questions, changing his status overnight "from not an accused to an accused."
The ED, said Deshmukh had also exercised undue influence over the transfers and postings of officials, thereby exercising undue influence over the performance of official duties by officials. "The applicant (Deshmukh) in consultation with one cabinet minister used to prepare a list of names of police officers for the purpose of transfer and postings. The applicant himself admitted the fact of forwarding the unofficial list containing the name(s) of police officers and respective places where they have to be transferred to ACS, Home, and Head of Police Establishment Board," ED's reply said.