On a day of dramatic developments, Shiv Sena leader Sanjay Raut was granted bail by a special court in Mumbai on Wednesday exactly 100 days after he was arrested by the Enforcement Directorate (ED) in connection with the Rs 1,034-crore Patra Chawl land development case.
Besides Raut, the four-time Rajya Sabha member and Shiv Sena chief spokesperson, his associate Pravin Raut too was granted bail by the court.
“I hold that both accused are basically arrested illegally," observed Special Judge M G Deshpande, who presided over the special court set up under Prevention of Money Laundering Act (PMLA).
“From the records materials and the detailed discussion made above, it is clear how Pravin Raut is arrested for a pure civil litigation, whereas Sanjay Raut for no reason. This truth is glaring,” Judge Deshpande reasoned.
The court also pointed out that the Wadhawan father-son duo—Rakesh and Sarang—the real estate developers, were not arrested.
“Many statements of witnesses recorded by ED clearly refer the prominent role of Wadhawans and their HDIL, but they were not arrested and Pravin Raut and Sanjay Raut who have absolutely no concern in generating proceeds of crime or laundering money as well as indulging the criminal activities relating to the scheduled offence, were arrested for subsequent transactions, they have made from their own money,” Judge Deshpande said.
The ED, however, to prevent his release moved the Bombay High Court, but, Justice Bharati Dangre refused any urgent stay.
“I have not even looked at the order. I don't know on what grounds the bail has been granted. I don't know on what grounds you have challenged the order. How can I grant a stay now without even hearing the parties...even if I have to make a prima facie order now," Justice Dangre said.
However, she said that if the bail is cancelled by the High Court - after hearing all the sides, they can be taken into custody.
On 31 July, the ED raided Raut’s residence - Maitree bungalow - in Bhandup, detained him and arrested him on 1 August, while his associate was arrested on 1 February.
The PMLA Court, in its order, quoted the Supreme Court, which had stated - “Truth is the guiding star. Criminal trial is a voyage of discovery of truth. The truth alone triumphs and every endeavour has to be made by the court to discover the truth and make justice.”
"Simply labeling pure civil disputes with “money laundering” or “an economic offence” itself cannot automatically acquire such status and ultimately drag an innocent person in a miserable situation in the guise of arrest,” Judge Deshpande said.
Sanjay Raut walked out of Mumbai's Arthur Road jail on Wednesday evening, hours after he was granted bail.
"We are fighters," Raut said after his release.
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