Bail to Anil Deshmukh in PMLA case can’t be equated with bail in corruption case: CBI

ASG Singh further said that Deshmukh being granted bail in the case filed by the Enforcement Directorate (ED) cannot be a ground for his release on bail in a corruption case filed by it. “Offence under Prevention of Money Laundering Act (PMLA) is based on predicate offence (from CBI FIR), but predicate offence is not based on offence in PMLA case registered by ED. Therefore, the bail granted in PMLA case will not mean granting applicant bail in predicate offence,” Singh argued.

On October 4, the co-ordinate bench of the High Court had granted Deshmukh bail in the case filed by ED. The High Court had observed that prima facie, reliance could not be placed on Waze’s statement.

Justice Karnik had begun hearing Deshmukh’s bail plea in the CBI case on Tuesday, wherein senior advocate Vikram Chaudhari, appearing for Deshmukh, had told the bench that there was an “umbilical cord connection” between the CBI and ED cases and they were “interlinked”.

On Wednesday, Chaudhari concluded his submissions and stated that the bail order in the ED case had considered evidence in both money-laundering and the corruption case by CBI, and had also considered the age and ailments of applicant. Chaudhari submitted that Deshmukh was not arrested as per law and notice under Section 41A of the CrPC (for appearance before police officer) was not issued to him prior to arrest.

“The HC bail order in ED case also said that in all probability, Deshmukh may not be convicted. He has suffered for over a year in incarceration and if he continues to remain in custody, it will be an injury to justice,” argued Chaudhari.

ASG Singh will continue his arguments on Thursday.