Published On: January 05, 2022 at 13:51 IST
On January 4, 2022 the Former Home Minister of Maharashtra and one of the prime Accused persons in the controversial Money Laundering Case, Anil Deshmukh sought default Bail from a Special Court from the Judicial Custody he is in currently.
The Former Maharashtra Home Minister filed the Bail plea via his Counsel Aniket Nikam. The Bail plea stated the Special Court did not take cognizance of the complaint filed by the Prosecution representing the Enforcement Directorate (ED) when it remanded Anil Deshmukh for Judicial Custody.
Anil Deshmukh pointed out that he has been under the Judicial Custody since November 2, 2021. The Advocate representing Mr. Deshmukh argued that as the Special Court did not take cognizance of the chargesheet filed by ED, the Petitioner should get a default Bail under Section 167 of the Criminal Procedure Code (CrPC), 1973.
In View of the Section 167 written in the Criminal Procedure Code (CrPC), 1973, it is stated that “…no Magistrate shall authorize the detention of the accused person in custody under this paragraph for a total period exceeding, sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on Bail…”
The Petitioner stated, “As per provisions of Law, if on the expiry of the said period of 60 days, investigation is not complete and cognizance of the charge sheet is not taken, an indefeasible right of statutory bail accrues to the accused.”