CBI moves SC challenging bail to Anil Deshmukh by Bombay high court

The Central Bureau of Investigation (CBI) on Saturday approached the Supreme Court seeking a stay of the Bombay high court’s December 12 order granting bail to former Maharashtra home minister Anil Vasantrao Deshmukh in a corruption case where he is accused of extorting money from bar owners and restaurants.

The Bombay HC on Monday (Dec 12) granted bail to the former Maharashtra minister Nationalist Congress Party (NCP) leader in the corruption case registered against him by the CBI.

The agency claimed in its appeal that the former minister continues to hold high-level political connections and his mere release will dent the confidence of witnesses and jeopardize the trial.

Deshmukh is yet to step out of jail as the Bombay HC suspended its order for a period of 10 days to facilitate CBI approaching the top court in an appeal.

In its appeal, the CBI said, “There is every likelihood that he (Deshmukh) will command his authority by virtue of his high-level political connections. Thus grant of bail to the accused would be detrimental to the morale of already named witnesses and would be an impediment for prospective witnesses to come forward.”

Deshmukh was accused of running an extortion racket within the police force while he was the state home minister and allegedly extorted money from restaurants and bar owners.

These allegations formed part of a letter written by former Mumbai police commissioner Param Bir Singh who ‘spilled the beans’ over the illegal activities of Deshmukh.

Singh in a letter dated March 20, 2021, to the then chief minister Uddhav Thackeray exposed the “money collection” racket allegedly operated by Deshmukh within the police force. He even accused the former minister of receiving monetary benefits for transfers and posting and for influencing probe in sensitive cases.

The CBI completed an investigation on the allegation of extortion and filed a charge sheet on June 2, 2021. However, the investigation into the remaining two facets of corruption as alleged by Singh is still ongoing. Accordingly, a case was also filed by the enforcement directorate (ED) and Deshmukh was taken into CBI custody on April 6, 2022. The minister was then arrested by the ED in an alleged money laundering case in November 2021.

Also Read: “This bail order will be implemented on 11th day if…” Anil Deshmukh’s lawyer

The agency said, “Allowing any relief to the respondent in all likelihood may result in jeopardizing the investigation conducted so far as well as the investigation pending against him…Mere release of the accused respondent is sufficient enough to dent the confidence of the witnesses or prospective witnesses.”

The Bombay HC while granting bail considered the fact that Deshmukh was aged 73 years and suffered from multiple ailments. Since his custody, he had spent over a year in connection with a case, noted the HC.

To balance the concerns raised by CBI, the HC directed Deshmukh to report every Tuesday to the CBI office for one month and later every alternate Tuesday and restrained him from leaving the jurisdiction of Greater Mumbai without permission of the court.

His passport was to remain deposited with the court. The bail was to accompany a personal bond of ₹1 lakh and a surety of the like amount as directed by the trial court.

The CBI claimed that these stringent conditions will be meaningless as despite demitting the office as the home minister of the state, he held considerable clout in Maharashtra.

The CBI said that the HC failed to consider the gravity of the offence by the former minister. “The court ought to have appreciated the materials collected by the agency considering the larger fallout of providing relief to the accused,” the agency mentioned.

The HC noted that Deshmukh was charged with offences punishable with imprisonment up to seven years and he had no criminal antecedents besides noting his medical condition. However, the CBI said that the HC noted that he was getting medical care in custody and hence bail could not be granted on the ground of his medical condition alone.