[Sanjay Raut bail] “Special Judge's observations uncalled for; Impacting Other Cases": ASG Anil Singh tells Bombay HC

Additional Solicitor General Anil Deshmukh on Friday told Justice Bharathi Dangre of the Bombay High Court that the remarks of the Special Judge in the order granting bail to Sanjay Raut were uncalled for.

The ASG said, "The order has several observations which have an adverse impact on various cases. The observation are uncalled for from the special judge" .

To this, Justice Bharathi Dangre said, "There are many orders which have adverse impact" .

The Additional Solicitor General then sought time to amend the petition against the order granting bail to Raut and the bench then posted the matter to November 25 for further hearing.

The counsel for Pravin Raut and Sanjay Raut also sought time to respond to the amended petition of the Enforcement Directorate.

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.