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ED opposes Anil Deshmukh’s default bail plea in money laundering case
The agency, in its affidavit, said the plea by Anil Deshmukh was devoid of merits and liable to be rejected as it was against the settled principles of law
Mumbai: The Enforcement Directorate (ED) on Wednesday told a special court that former Maharashtra home minister Anil Deshmukh cannot be granted default bail in the money laundering case as the agency had filed a charge sheet within the stipulated period of 60 days from his arrest.
The agency, in its affidavit, said the plea by Deshmukh was devoid of merits and liable to be rejected as it was against the settled principles of law. Special PMLA judge RN Rokade adjourned the plea to January 11 for hearing both the sides.
The agency said that Deshmukh was arrested on November 2, 2021 under Section 19 of the Prevention of Money Laundering Act (PMLA) in accordance with the law, under reasonable belief that he was guilty of the offence of money laundering.
“It is submitted that the concept of statutory bail/default bail cannot be considered once the charge-sheet and supplementary charge-sheet has been filed. The supplementary prosecution complaint against Deshmukh and 11 others has been filed on 29th of December, 2021, within a period of 60 days from the date of arrest,” the agency said in its reply.
Deshmukh had moved for default bail on Tuesday through his counsel, advocate Aniket Nikam, on the ground that the special court has not taken cognisance of the ED’s supplementary charge sheet against him, within the period of 60 days, stipulated under section 167 of the Code of Criminal Procedure (CrPC).
Challenging Deshmukh’s plea, ED said, “It is further submitted that the question of cognisance is not relevant for ascertaining the right of default bail of the accused persons under section 167 (2) of CrPC, since the section is only for completing the investigation within the stipulated time period. It is a well settled law that default bail cannot be granted merely on the ground that cognisance had not yet be taken within the statutory prescribed time period even though the report and the complainant have been filed as per the provisions of the act.”
“It is submitted that the stage of cognisance is a stage that occurs after the filing of the criminal complaint (charge sheet). It is submitted that the right to default bail is dependent upon completion of investigation which is a stage that is anterior to the taking of cognisance,” the agency added.
