[Bombay High Court] "Sachin Waze is prosecution witness": CBI Opposes Anil Deshmukh Bail Plea In Corruption Case

The Central Bureau Of Investigation (CBI) on Friday filed its reply in Bombay High Court against the appeal filed by NCP leader and Former Home Minister Anil Deshmukh against the order of the Special CBI Court which rejected his bail in the 100 crore corruption case against him.

The CBI in its reply opposed the bail appeal filed by the NCP leader while stating the grant of bail to Deshmukh in the money laundering case registered by the Enforcement Directorate, cannot be a ground for the grant of bail in the corruption case registered by CBI.

The CBI said that the statement recorded by Sachin Waze in the case against him under Prevention of Money Laundering Act cannot be considered on the same footing as the statement of Waze recorded under Section 164 CrPC. The affidavit said 
"In the order of the High Court granting bail to the applicant in the PMLA case, the probative value of the statement of Sachin Waze is discussed in the capacity of a co-accused whereas, in the present (corruption) case, he had been granted pardon and therefore ceases to be an accused and now is a prosecution witness,"

The CBI in its affidavit pointed out that the two cases registered against Anil Deshmukh i.e., PMLA Case and Corruption Case are separate and that the PMLA case registered by ED is not an offshoot of the CBI case,
"PMLA case is not an offshoot of the present case. It is a separate and distinct offense under the PC Act and must be considered in that perspective"

The CBI also submitted there is sufficient evidence against Deshmukh and he should not be granted bail. The affidavit said 
"There is sufficient oral, circumstantial and documentary evidence to establish the criminal involvement of the applicant in the commission of offences. There are serious allegation of corruption, extortion and criminal conspiracy against the applicant. The grant of bail to the Applicant in PMLA cannot be a fait accompli to enlarge him on bail in the present case."

NCP Leader and Former Home Minister Anil Deshmukh is being probed by the Enforcement Directorate and the Central Bureau of Investigation in the PMLA and Corruption cases respectively. 

Earlier Deshmukh was granted bail by the Bombay High Court in the PMLA case registered by ED. However, the Special CBI Court rejected his bail on October 22 after which, he moved to the Bombay High Court. 

On Friday, Justice Bharathi Dangre recused from the appeal filed by Deshmukh against the bail rejected by the CBI Court.