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The CBI's plea stated that Deshmukh should not be enlarged on bail since the offence was of serious nature, and the said offence was committed by him when he was holding a public office.
The Central Bureau of Investigation, on Friday, opposed the bail plea of the Former Home Minister Anil Deshmukh in the charge sheet filed against him under the Prevention of Corruption Act, 1988.
The CBI in its reply submitted before the court that Deshmukh was served notice under Section 41A and on all the occasions the applicant did not join the investigation and, therefore, police custody was given.
The reply also states that the applicant has relied on the depositions and statements of the witnesses before the Chandiwal Commission and how the statements are different from the ones given before the investigating agency. It states that the High Court in its order had earlier noted that the commission was not validly set up under the Commission of Inquiry Act 1952 and therefore statements given before the commission cannot be relied upon.
"Thus, firstly, since the 'Chandiwal Commission' was not a commission constituted under the said Act, there would be no legal sanctity to the depositions made before it. Secondly, assuming our was admitting that the said commission duly constituted under the said Act the statements of the deponents cannot be used in a manner contrary to the provisions of Section 6 of the said Act"
CBI's reply also states that the court cannot go into the prima facie case and credibility of the witnesses at the stage of bail and conduct a mini-trial.
The reply states that Deshmukh has been enjoying political and administrative connections in the capacity of elected representatives and that he may influence potential witnesses and tamper with the evidence.
On Friday, the Special PMLA Court allowed Deshmukh to undergo angiography in a private hospital.
During the earlier hearing, the CBI submitted the order of the Maharashtra Government which granted sanctions to the CBI to prosecute Deshmukh
Earlier, Deshmukh was granted bail by the Bombay High Court in the case registered against him by the Enforcement Directorate after which he remained in jail in the case registered against him by CBI in corruption case.
Case Title: Anil Vasantrao Deshmukh vs Central Bureau of Investigation
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