Submit all medical reports for bail hearing, HC tells Deshmukh

The single-judge bench of justice Anuja Prabhudesai, while hearing the bail application, was informed by advocate Aniket Nikam that an adjournment was needed as the arguing counsel was not present

Mumbai While expressing displeasure over seeking urgent hearing of their matter on the grounds of medical emergency, Bombay high court (HC) on Friday asked former home minister Anil Deshmukh to give details of his ailments and posted his bail hearing two weeks later.

The HC bench then remarked that on one hand, a praecipe was moved seeking urgent hearing on health grounds which was granted by the court, however, details of the medical emergency were not provided (Hindustan Times)

The single-judge bench of justice Anuja Prabhudesai, while hearing the bail application, was informed by advocate Aniket Nikam that an adjournment was needed as the arguing counsel was not present.

The bench then remarked that on one hand, a praecipe was moved seeking urgent hearing on health grounds which was granted by the court, however, details of the medical emergency were not provided.

Nikam responded that Deshmukh had been admitted to the hospital for three days for a dislocated shoulder and was currently under CBI custody. When Nikam requested the court to call for the medical records of Deshmukh, the court said it could do so only when it knew what medical issues and problems the NCP leader was facing.

Justice Prabhudessai then said, “Not only in this case, but in a number of cases the accused are languishing in jail for over five to 20 years. So, keeping them inside and taking up new matters would not be fair. The court will take up cases wherein there is a medical emergency, a death in the family. However, now, every matter comes citing medical emergencies and then lawyers argue on merits. Such an approach is not correct.”

Additional solicitor general Anil Singh for the CBI said that it would only make submissions on Deshmukh’s medical emergency, if a proper application was filed by him. CBI has Deshmukh’s custody to investigate the allegations of extortion made by former Mumbai police commissioner Param Bir Singh against the former minister in a letter to chief minister Uddhav Thackeray last year.

Opposing the bail petition, the ED in its affidavit had stated that as the probe in the money laundering case was at a nascent stage and as Deshmukh was an influential person, he would tamper with evidence and influence the witnesses if he was freed on bail

Arrested by the ED in November 2021, Deshmukh moved the high court after a special court rejected his bail plea on March 14. The special court had held that prima facie it seemed that Deshmukh had exercised undue influence over transfers and postings of police officers.

The agency has alleged that Deshmukh had been the beneficiary of illegal gratification which was handed over to him by dismissed police officer and co-accused Sachin Vaze.