Bombay High Court Holds Special Sitting For Hearing ED's Appeal Against Bail Granted To Sanjay Raut & Pravin Raut 

The Bombay High Court today heard the arguments adavanced on behalf of the Enforcement Directorate in an appeal seeking the cancellation of bail of Shiv Sena MP Sanjay Raut and Pravin Raut in the Patra Chawl Scam Case.

A Single Judge Bench comprising Justice NR Borkar today sat on a non-working Saturday to hear the appeal.

Additional Solicitor General Anil Singh appeared on behalf of the Enforcement Directorate and commenced his arguments. He submitted that the sessions court had taken into account irrelevant consideration and ignored the relevant consideration for grant of bail.

He also pointed out that certain observations in the bail order were uncalled for and were made by the Special Judge even though no one had argued on those points. Therefore, he submitted that the court had exceeded its jurisdiction.

ASG relied on the Apex Court's judgment of Vinay Choudhary and argued that money laundering is a standalone offence and it is a more serious crime than murder since it affects the national economy.

While the ASG was reading out the chargesheet against the prime accused Sarang and Rakes, who are the promoters of HDIL, the court questioned ASG as to why they were not arrested if the allegations against all the accused were the same.

ASG responded by stating that both of them were already in judicial custody and their statements has been recorded.

The bench then asked the ASG to point out the incriminating material against Sanjay Raut and Pravin Raut.

The court then posted the matter on 2nd March for further hearing.

Shiv Sena MP Sanjay Raut and his aide Pravin Raut were granted bail by the Special PMLA Court in the Patra Chawl Scam on November 9, wherein, Special Judge MG Deshpande came down heavily on the Enforcement Directorate. The order stated,

“It appears that ED knows only S.19 and 45 of the PML Act, but forgets that there is a provision for trial of an offence under PML Act as per Sec.44 thereof."

The order further stated that the arrest of both the Rauts was illegal and the case was purely a civil dispute. The court noted, "It is clear how Pravin Raut (A3) is arrested for a pure civil litigation, whereas Sanjay Raut (A5) for no reason. This truth is glaring. The Court is under legal obligation and duty to find out truth even at the stage of bail. The Hon’ble Supreme Court time and again laid down, 'Truth is the guiding star. Criminal trial is voyage of discovery of truth. The truth alone triumphs and every endeavour has to be made by the Court to discover the truth and make justice'."

The Special Judge in the bail order said that the arrest of Sanjay Raut and Pravin Raut was part of the pick and choose strategy of the agency. "Rakesh and Sarang (A1 and A2) for their misdeeds and being the main accused persons admitted the same by affidavit of Sarang Wadhawan, but were not arrested by the ED and have been left scot-free. But at the same time Pravin Raut(A3) was arrested for civil dispute, whereas Sanjay Raut(A5) for no reason. All this clearly indicates disparity, pick and choose attitude of the ED and the Court cannot put premium on the same but legally bound to make parity," the order stated.

Case Title: Enforcement Directorate vs Pravin Raut & Anr.