MUMBAI: The CBI plea for a second extension of the order deferring bail to former minister Anil Deshmukh was declined on Tuesday by Justice SG Chapalgaonkar of the Bombay high court vacation bench.
Unless the Supreme Court intervenes on any last-minute pleas by the agency, Deshmukh, 73, will walk out on bail on Wednesday after almost 14 months behind bars.
On December 12, Justice M S Karnik had granted bail on merit to Deshmukh in the Prevention of Corruption Act case filed against him by the CBI. The bail amount was Rs 1 lakh. On a request by the agency which wanted to go on appeal, the HC had made its bail order effective from December 22. Later, it had extended the deferment till December 27 on a CBI plea. The HC had granted Deshmukh bail earlier in a money laundering case.
Deshmukh was accused of ordering the police to collect Rs 100 crore from orchestra bars owners in the city every month as protection money. In its bail order, the HC said nothing indicated money was collected from Mumbai’s 1,700-plus bars on the instructions of Deshmukh, except approver and co-accused Sachin Waze’s statement.
On December 21, prior to the winter vacation, the HC allowed the CBI’s first request for extension and said its December 12 bail order would not take effect till December 27. Justice Karnik, while granting the extension, had “made it clear that no further request of extension under any circumstances will be entertained”.
Six days later, the CBI approached with another request. CBI counsel Shriram Shirsat made a fervent plea for an extension of only three days since an interim application has been filed before the apex court. “How far can this go?…How can I, being a vacation judge, override the order passed by this court during regular hearing?” said Justice Chapalgaonkar, adding: “Am not passing any order.”
Aniket Nikam, counsel for Deshmukh, said no such relief can be granted as it would mean the vacation bench is “obliterating” the regular court’s order. It was a question of liberty that had granted after a full hearing of the bail plea on merits and a fair chance had been given to the CBI. Nikam added that by making such an application, the CBI was showing scant regard to the HC’s order on December 21 and “trying to overreach”.
Shirsat reiterated they “want an extension of not more than three days only… as now the interim application for stay was filed before the SC”. The CBI said “despite best efforts”, its application was not listed for hearing before the Supreme Court before December 21. Later, Shirsat said an extension of only one day may also be granted as the CBI would approach the SC on Wednesday for interim relief.
The vacation judge, who gave a patient hearing, said: “Considering aforesaid observation (in the December 21 order), request for further extension cannot be entertained.”
Nikam said the surety procedure will be initiated on Wednesday and we will try to complete the process speedily for same day release”.
Source: https://news.google.com/__i/rss/rd/articles/CBMifWh0dHBzOi8vdGltZXNvZmluZGlhLmluZGlhdGltZXMuY29tL2NpdHkvbXVtYmFpL2hjLXJlZnVzZXMtdG8tZGVmZXItYmFpbC1hZ2Fpbi1kZXNobXVraC1tYXktd2Fsay1vdXQvYXJ0aWNsZXNob3cvOTY1NTQzODEuY21z0gF4aHR0cHM6Ly9tLnRpbWVzb2ZpbmRpYS5jb20vY2l0eS9tdW1iYWkvaGMtcmVmdXNlcy10by1kZWZlci1iYWlsLWFnYWluLWRlc2htdWtoLW1heS13YWxrLW91dC9hbXBfYXJ0aWNsZXNob3cvOTY1NTQzODEuY21z?oc=5
