HC posts hearing of ED application for cancellation of Sanjay Raut’s bail to Nov 25

The ED, through additional solicitor general Anil Singh, informed the bench that some observations in the order of the special court were unsolicited and would have an adverse impact on other cases, hence it should be granted urgent hearing

Mumbai The Bombay high court on Friday granted the Enforcement Directorate (ED) time to amend the application challenging the bail granted to Shiv Sena MP Sanjay Raut and his alleged aide Pravin Raut in the Patra Chawl case.

Shiv Sena (Uddhav Balasaheb Thackeray) leader and MP Sanjay Raut addresses the media after meeting Nationalist Congress Party (NCP) chief Sharad Pawar (Bhushan Koyande/HT PHOTO)

The ED, through additional solicitor general Anil Singh, informed the bench that some observations in the order of the special court were unsolicited and would have an adverse impact on other cases, hence it should be granted urgent hearing. However, the HC said that it wanted to hear the applications at once without a break and hence with the consent of all parties scheduled hearing to November 25 which would continue on subsequent days.

The single judge bench of justice Bharati Dangre, which had scheduled hearing of the ED case on Friday, was informed by Singh that ED wanted to add certain grounds to its application which was mentioned in the order of the special PMLA court which had granted bail to both on November 10.

Senior advocate Aabad Ponda for Pravin Raut informed the bench that as the ED said they wanted to add some further grounds, his client needed to be informed about the same.

Singh submitted that the grounds were ready and sought leave of the court to amend the application to include the same, which the bench allowed and said, “I want to hear it (application) properly. I don’t want any breaks.”

The court allowed ED to make the amendment till Monday and said that it would allow further time to the Raut’s to file their replies thereafter. Senior advocate Ashok Mundargi for Sanjay Raut sought two weeks for the same.

Singh stressed on the fact that after the special PMLA court order was available it was noticed that certain observations that would have a serious impact on various cases and the same were uncalled for by the special judge. In light of this Singh sought hearing in the next week.

Justice Dangre, however, noted that many court orders had an adverse impact and hence said she would take up hearing of the application from November 25 and directed both the Raut’s to file their replies to ED application by November 24.

Soon after the special court had granted bail to the Raut’s on Wednesday afternoon, ED had approached the HC seeking cancellation of bail under section 439 (2) of the Code of Criminal Procedure (CrPC). The section specifically deals with cancellation of bail and re-arresting the accused after he is released on bail.

ED had sought urgent hearing of the application and an interim order which would stall the release of the Rauts. However, as the Rauts were still not released, the bench refused to exercise its powers under section 482 of CrPC as it was not in its jurisdiction and posted hearing to Thursday.

The bench while remarking on the urgency expressed by ED on Wednesday had said, “The sessions court heard the matter for four weeks and you expect us to pass orders after hearing you for a few minutes.”

She added that if ED wanted the bench to hear the application on merit it would do so on Thursday but could not grant any reliefs that were in exercise of its (HC) powers under section 482 as it would have to be heard by another bench.

Hearing of the application could not be held on Thursday due to paucity of time and was then scheduled to be heard on Friday.