Paridhi Arya
Published on June 14, 2022 at 17:17 IST
Anil Deshmukh the former Home Minister of Maharashtra has filed a default bail application under Section 167(2) of CrPC. However, the CBI had opposed the application in the Court.
The applicant through Counsel submitted their bail applications, on the grounds that the chargesheet which was supposed to be filed by June 2, had filed only 59 pages, except the annexures and supporting documents were never filed. The duration of 60 days was till June 2.
The CBI and ED had arrested Deshmukh and his personal secretary Sanjeev Palande in money laundering case. Advocates Inderpal Singh and Aniket Nikam were representing Deshmukh and advocates Shekhar Jagtap and Sairuchita Choudhry were representing Palande in the Court.
The CBI denied the allegations and submitted that under Section 173(2) of CrPC the charge sheet has been filed and so application for default bail is unsustainable.
The CBI further submitted that mere delay in filing of a documents accompanying charge sheet cannot be termed as delay in filing charge sheet when within the time given under Section 167 CrPC charge sheet has been filed.
The applicant replied that due to the not filing of documents alongwith the charge sheet. It cannot be termed as complete charge sheet as it will be against criminal jurisprudence.
The roznama ( register) established that CBI got the time till June 7 to file further documents from Court.
It was contention of CBI court that, “A chargesheet has been filed in the sessions department. The session registrar is directed to number the chargesheet subject to checking. The investigating officer [DSP Mukesh Kumar] is directed to produce the documents on or before June 7, 2022. Today only a chargesheet has been received from the sessions department.”
The further contentions were made on Section 207 of CrPC stating that it is mandatory to furnish final report to the accused on which CBI replied that Section 207 has no nexus with Section 167(2) .
The final report was filed after the investigation within 60 days as charge sheet and so the benefit of default bail cannot be availed by the accused.