JOIN USHC refuses urgent stay on bail to Sanjay Raut; to hear ED plea on Thursday
The Bombay High Court on Wednesday refused to grant urgent stay on the bail granted to Shiv Sena MP Sanjay Raut by a lower court in an alleged money laundering case registered by the Enforcement Directorate (ED).
Stating that it can not pass such an order without hearing both the parties, the high court posted the matter for hearing on Thursday. A special court earlier in the day granted bail to Raut and co-accused Pravin Raut while rejecting the ED's request to stay the effect of the order till Friday. The Central agency then moved the high court and sought an interim stay.
Justice Bharati Dangre, however, refused to grant such a relief to the ED. "I have not even looked at the order. I don't know on what grounds bail has been granted. I don't know on what grounds you (the ED) 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," she said. The court said it would hear the central agency's application seeking cancellation of the bail on Thursday. "If after hearing, I pass an order cancelling the bail then the accused persons can be taken back in custody," Justice Dangre added.
The high court also asked under what legal provision it has the power to stay an order of bail. Additional Solicitor General Anil Singh, appearing for the ED, sought that the bail order be stayed till Thursday. To this, the court said there was no guarantee that hearing on the application would be concluded in one day. "The lower court took one month to hear the bail pleas and pass an order...you expect me to decide now? I don't want any injustice done to you (ED) or them (Sanjay Raut and Pravin Raut). When you come on cancellation of bail the powers of court are limited," Justice Dangre said.
The judge also noted that the ED application was filed under section 439 (2) of the Code of Criminal Procedure (cancellation of bail) and not under section 482 (quashing of order). "Only under section 482, the high court has inherent powers to suspend effect on bail orders," the court noted. Senior counsel Aabad Ponda, appearing for Pravin Raut, opposed the ED's application.
The accused were not going to flee if they were released, he said. "One of the accused (Sanjay Raut) is a parliamentarian. The accused have roots in society. The lower court has imposed certain conditions while granting bail. No one is going to run away," Ponda said. The ED arrested Sanjay Raut, a Rajya Sabha MP, on July 31 for his alleged role in financial irregularities in connection with the redevelopment of the Patra Chawl tenement in suburban Goregaon. He is currently in judicial custody and lodged at Arthur Road Jail in central Mumbai.