Justice SG Dige Recuses From Hearing ED's Plea Seeking Cancellation of Bail Granted To Sanjay Raut In Patra Chawl Case

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Synopsis

Sanjay Raut had been arrested by the ED in connection with the Patra Chawl land scam, and properties worth Rs. 11.15 crore belonging to him were attached by the agency. In June 2022, Raut was summoned by the ED

Justice SG Dige of the Bombay High Court today recused himself from hearing the Enforcement Directorate (ED) plea seeking the cancellation of bail granted to Shiv Sena MP Sanjay Raut in the money laundering case related to the Patra Chawl Scam.

Sanjay Raut and his associate Pravin Raut were granted bail by the Special PMLA Court in the Patra Chawl Scam on November 9, 2022. Following this decision, the Enforcement Directorate filed an appeal against the Special PMLA Court's order granting bail to the Shiv Sena MP.

Sanjay Raut had been arrested by the ED in connection with the Patra Chawl land scam, and properties worth Rs. 11.15 crore belonging to him were attached by the agency. In June 2022, Raut was summoned by the ED.

On the night of July 31, 2022, Raut was arrested by the ED on charges of money laundering linked to the redevelopment of a chawl in Mumbai. Raut has also faced charges related to this transaction, which involved his wife and other associates.

In the order granting bail to Raut, Special Judge MG Deshpande criticized 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.

"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 order reads.

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: ED vs Sanjay Raut & Ors.