‘Number 1’ is blue-eyed boy, second accused an approver, Anil Deshmukh tells HC seeking bail

The counsel for the Nationalist Congress Party (NCP) leader argued that Deshmukh, though sick, was languishing in jail as the probe was initiated with mala fide intentions

Mumbai Seeking bail in the money laundering and extortion charges registered by the Enforcement Directorate (ED) on Monday, former home minister Anil Deshmukh said that the ‘number 1 beneficiary’ of the extorted money i.e. former Mumbai police commissioner Param Bir Singh, has become the ‘blue-eyed boy of central investigating agencies’, whereas the second accused, dismissed police officer Sachin Vaze, has been made an approver against him.

Deshmukh has claimed that Vaze’s statements, based on which he has been implicated, lacks credibility as he was accused in multiple cases, including a murder case (HT PHOTO)

The counsel for the Nationalist Congress Party (NCP) leader argued that Deshmukh, though sick, was languishing in jail as the probe was initiated with mala fide intentions.

Deshmukh has claimed that Vaze’s statements, based on which he has been implicated, lacks credibility as he was accused in multiple cases, including a murder case. Deshmukh, who is in jail for the past nine months, has said that as the trial in the case was unlikely to commence in the near future, he should be released on bail and he also assured that he will cooperate in the trial proceedings.

HC will continue hearing arguments of Deshmukh on July 19.

The single-judge bench of justice N J Jamadar, while hearing Deshmukh’s application, was informed by senior advocate Vikram Chaudhari that the NCP leader was suffering from numerous ailments and had a spinal injury too. The bench was also told that Deshmukh also had lung related issues as well for which he was on medicines. These ailments coupled with his old age took a toll on his health during the incarceration and he had lost 10 kgs.

While making submissions with regards to the complaint based on which the ED investigation was being conducted, Chaudhari said that it was an outright case of mala fide intentions as the other accused named in the complaint were either not arrested or had become witnesses in the case.

Referring to the mala fide in law involved in the case, Chaudhari submitted that the bar owners who paid amounts to Vaze in their statements had clearly stated that when they handed over the amounts, Vaze had told them that the amount was going to go to “number 1.”

“In common parlance the commissioner of police is considered ‘number 1’. However, the ED officers assumed it to be Deshmukh. Number 1 is a blue eyed boy and witness now, while the other person has become an approver and I am in judicial custody. I don’t have a better case to demonstrate mala fide in law than this. Time will tell who did what,” Chaudhari submitted.

As regards to Vaze’s statement based on which he (Deshmukh) was arrested, Chaudhari submitted, “How do you rely on Vaze who is now supposed to be approver. He has seven to eight cases against him. This man is of impeachable character and hence his statement does not carry any credibility.”

As regards the amounts purportedly collected by Vaze from bar owners, Chaudhari said initially the claim against Deshmukh was of ₹100 crore which came down to ₹4.7 crore and in the chargesheet the amount mentioned is ₹1.7 crore.

“The proceeds of crime are presumptuous. Accusations without complete and substantial evidence cannot even form a case for prosecution. Jain brothers are accused but not arrested. Vaze is also an accused but only for paper formality. He’s going to be out soon,” argued Chaudhari.

However, on the other hand, a special Central Bureau of Investigation court on Monday rejected Deshmukh’s bail plea in connection with a corruption case registered in April 2021.

Deshmukh, who was arrested by the CBI on April 6, approached the special court for a default bail, claiming that the central agency failed to file a complete charge sheet, as contemplated under Section 173(2) of the Code of Criminal Procedure, against him in stipulated time, and hence he was entitled to default bail.