Priyanka Singh
Published on: October 6, 2022 at 21:32 IST
The Bombay High Court, while granting bail to NCP leader and Former Maharashtra Home Minister Anil Deshmukh, recorded the probability that he may not be ultimately convicted in the money laundering case being investigated at the hands of ED.
Justice N J Jamadar, on Wednesday, iterated it in his judgment that the collection Rs. 4.70 Cr from the bar owners by the dismissed Sachin Waze would constitute to ‘proceeds of crime’ and considered the evidence demonstrating it as well.
There is dispute regarding the entity for whom the money was being collected for, due to several contradictory statements indicating either Deshmukh or former Police Commissioner Parambir Singh.
Subsequently, the Court held Param Bir Singh and Waze’s allegations against Deshmukh about making money over police transfers as a ‘hear-say’ and that the charge sheet had nothing evident about Deshmukh’s purchases of property and other allegations.
The Court said, “These statements ex-facie lack the element of certainty as to the source, time and place. They prima facie appear to be hear-say.”
Code: No.1 –
As per the ED, Waze met the bar owners on being insisted by Deshmukh in December 2020 where he asked them to pay him money to be handed over to “No.1”, a code word for Anil Deshmukh.
This allegation was submitted by both Waze and Singh.
In the Mumbai Police case, several bar owners commonly recorded their statements u/s 164 of the CrPC that it was Param Bir Singh who was considered as No.1 in the hierarchy of police.
Waze as a Witness –
The Court refused to rest reliance on Waze as a witness due to his several contradictory statements before the Justice Chandiwal Commission wherein he denied all the allegations against Deshmukh.
The Court, on the basis of his tainted past, discredited him as a witness.
Donation in Trusts Held by Deshmukh’s Family –
A case from 2011-2021 of the ED, there was a collection Rs. 13 Cr of illegal gratification by Deshmukh, with the help of his son, transferred to Delhi-based shell companies through hawala operators and rooted as donations to Shri Sai Shikshan Sanstha, a Deshmukh family-controlled Charitable Trust.
An alleged Rs. 1.71 Cr was deposited in the trust in 2021 from the amount procured by Waze from the bar owners and handed over to Deshmukh’s secretary, Kundan Shinde.
In the CBI case, the Court held no allegation regarding all the property being derived or obtained as a result of criminal activity related to scheduled offence. With regards to the Rs.1.71 Cr, the court held that Waze’s claims could not be relied that the cash was handed over to Shinde in the first place.
The Court took into consideration the bail being considered on Deshmukh’s medical condition and said that,
“The proviso can be taken into account even when the Court is considering the Application for bail on merits and not necessarily only when the accused seeks bail on the grounds mentioned in the proviso…”
“In the light of the material on record, it would be audacious to observe that the Applicant is not a sick person.”
Conditions for his Release –
- Furnishing a P.R. bond of Rs.1 Lakh and one or two sureties in the like amount to the satisfaction of the learned Judge, PMLA, Mumbai.
- Report to ED every Monday between 10.00 a.m. to 12.00 noon for a period of two months from the date of release. Thereafter, report every alternate Monday from 10.00 a.m. to 12.00 noon for next four months.
- Attend each and every date of the proceedings before the PMLA Court, Mumbai.
- Remain within the jurisdiction of the PMLA Court i.e. Greater Mumbai till the trial is concluded and shall not leave the area without prior permission.
- Surrender Passport.
- No tampering with witnesses.
The High Court has stated that the bail order will be effective only from October 13, so as to enable the ED to approach the Supreme Court.