Anil Deshmukh's request for default bail denied

Anil Deshmukh's application for default bail in connection with a money laundering case filed by the Enforcement Directorate was denied by a special Prevention of Money Laundering Act (PMLA) court on Tuesday, dealing a blow to the former Maharashtra home minister.

On January 4, Deshmukh moved the special PMLA court for bail after the ED filed a money laundering case against him following allegations of corruption leveled against him by former Mumbai Police Commissioner Param Bir Singh. He stated in his plea that, despite the fact that the agency had filed a charge-sheet against him, the court had not taken notice of it, and thus he should be released on default bail.

If no charge-sheet is issued and no cognizance is taken within 60 days after the arrest, a person can seek default bail under Section 167 of the Criminal Procedure Code (CrPC).

In response to his claim, the ED told the special court on January 5 that a charge sheet was filed within 60 days after the Nationalist Congress Party (NCP) leader's detention. According to the statement, Deshmukh was detained on November 2, 2021, in line with the law, under Section 19 of the Prevention of Money Laundering Act (PMLA), on the reasonable suspicion that he was guilty of money laundering.

The ED objected to the plea, claiming that the charge sheet was filed within the time limit.

The NCP leader's plea was denied by Special Judge R N Rokade.

Deshmukh claimed in his plea submitted through Aniket Nikam that he was entitled to statutory release because the Special Court had not taken cognizance of the charge sheet within the statutory time of 60 days as provided by Section 167 of the Code of Criminal Procedure (CrPC).

Senior Advocate Vikram Chaudhri, Deshmukh's lawyer, had contended that a period of 60 days had elapsed, excluding the date of the initial remand, and that a statutory embargo on any further incarceration had been formed under Section 167.

According to Chaudhri, the ED extended Deshmukh's judicial remand on December 27, 2021, to January 9, 2022, without divulging the aforesaid fact, which he claims is illegal.

Meanwhile, the Enforcement Directorate (ED) responded through counsel Shreeram Shirsat, stating that once a charge sheet and/or supplementary charge sheet has been submitted, the Court cannot consider statutory bail.

Deshmukh has been in judicial custody since November 15, 2021, in connection with an investigation launched by the ED after the Central Bureau of Investigation (CBI) filed a first information report (FIR) in response to a Court-ordered investigation into allegations of corruption and misusing his official position.

Deshmukh had contested the summons at Bombay High Court, which denied his appeal while urging him to take appropriate procedures to seek anticipatory bail from the courts.