Chhagan Bhujbal refers to SC striking down PMLA section for his bail

Under the section, if a bail plea is opposed by the public prosecutor, the court must be satisfied that there were reasonable grounds to believe that the accused was not guilty.

Chhagan Bhujbal

DAYS AFTER the Supreme Court struck down as unconstitutional Section 45 (1) of the Prevention of Money Laundering Act, 2002, MLA Chhagan Bhujbal submitted that the SC order be referred to by the special court hearing his bail plea.

Under the section, if a bail plea is opposed by the public prosecutor, the court must be satisfied that there were reasonable grounds to believe that the accused was not guilty. Advocate Shalabh Saxena submitted before the court that the SC ruling be relied upon while deciding Bhujbal’s bail application.

“The section amounted to proving before the court that the accused is not guilty at the bail stage itself unlike under the Indian Penal Code where the court while deciding bail has to only conclude whether the accused’s custody is required or not,” Saxena said.

Special public prosecutor Hiten Venegaonkar submitted last week that since he had based his arguments opposing Bhujbal’s bail under section 45, he be granted more time to argue further.

Bhujbal was arrested on March 14, 2016 by the Enforcement Directorate on charges of money laundering under the PML Act. His nephew, Sameer, also remains in judicial custody. Bhujbal filed for bail in July this year claiming that he was only the minister of the Public Works Department and had not recommended the name of a developer or initiated the proposal for a state library at Kalina, projects on which the ED claims he allegedly received kickbacks.
His previous bail application on medical ground was rejected by the special court and subsequently by the Bombay High Court.

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