Supreme Court asks Bombay High Court to decide former Maharashtra Home Minister Anil Deshmukh's bail application expeditiously

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The Supreme Court on Tuesday asked the Bombay High Court to consider the bail application filed by former Maharashtra Home Minister Anil Deshmukh on medical grounds.

A bench of Justice Ajay Rastogi and Justice BV Nagarathna noted that the Apex Court cannot fix a date before the Bombay High Court, however, asked Deshmukh to file an early hearing application before the High Court and directed the High Court to decide the matter expeditiously.

The bench was hearing a plea challenging the Bombay High Court order adjourning the bail application filed by Deshmukh in the corruption case that Directorate of Enforcement (ED) started to probe in May last year.

Senior Advocate Kapil Sibal appearing for Deshmukh submitted that the matter has been adjourned on 3 occasions. "All I need is my bail application to be heard, He is a sick man, he is 73 years old," Subal argued. 

The bench while observing that the High Court had adjourned the matter due to paucity of time and therefore directed the matter to be considered expeditiously. 

ED had initiated the money-laundering investigation on May 11, on the basis of an FIR under Section 120-B of IPC, 1860 and Section 7 of Prevention of Corruption Act, 1988 registered by the CBI against Deshmukh and others for allegedly attempting to obtain undue advantage for the improper and dishonest performance of their public duty for collection of funds to achieve the target of Rs. 100 crore per month from various bars, restaurants, and other establishments in Mumbai.

In the bail application moved by Deshmukh in the money laundering matter before the Bombay High Court, it has been argued by ED that no case for bail has been made out since Deshmukh has been non-cooperative and evasive and has not attended to the investigation though summoned on numerous occasions.

"There is also a strong possibility of the Applicant obfuscating the trail of Proceeds of Crime and/or tampering with the evidence. It is pertinent to mention here that statements of various suspected persons are yet to be recorded who are avoiding appearance before the investigation", the counter-affidavit filed by ED read.

Deshmukh had approached the Bombay High Court (HC) last year challenging the summons issued to him by the Enforcement Directorate in the alleged money laundering case.

An FIR was registered against Deshmukh and some unidentified persons on April 24 last year on charges of corruption and misconduct following a preliminary inquiry that the Central Bureau of Investigation (CBI) conducted in compliance with the high court's order. In July last year, the High Court had refused to quash the FIR lodged by the CBI.

Case Title: Anil Vasantrao Deshmukh Vs. The State of Maharashtra & Anr.