SC refuses to interfere with Bombay HC order granting bail to Anil Deshmukh

The Supreme Court on Tuesday declined to interfere with the Bombay High Court order granting bail to former Maharashtra Home Minister Anil Deshmukh in a money laundering case.

A bench of Justices D Y Chandrachud and Hima Kohli said the court would not interfere with the order granting bail as the High Court had clarified that its observations would not affect the merits of the trial or any other proceedings.

Appearing for the Enforcement Directorate, Solicitor General Tushar Mehta contended that the High Court drew incorrect conclusions in connection with dismissed cop Sachin Waze, who was co-accused in the case before he turned into an approver.

The police officers had said that the money collected from bar owners was for Deshmukh.

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"His offence is not any less serious than terrorism. He was the Home Minister. How can it be said that there was no collection for him because of no phone calls,” he said.

Mehta said if Deshmukh had health problems, he can be transferred to a hospital, but cannot be granted bail. The diseases mentioned were associated with lifestyle, he said.

The top court said that it is only on bail and not on the merits of the case and it will only interfere with the high court order, if it is perverse.

Mehta submitted that he is attempting to show the perversity which is writ large in the order.

Senior advocate Kapil Sibal, appearing for 73-year-old Deshmukh, said his client has been in custody for one year.

The bench, however, said the court has to consider age of the petitioner too.

In its order, the High Court had noted that Waze’s statements lacked certainty.

Waze had claimed that an amount of Rs 1.71 crores was transferred during the months of February and March, 2021 allegedly extorted from the bar owners and handed over to Deshmukh's personal assistant.

Deshmukh was arrested by the Enforcement Directorate in November, last after several rounds of questioning and about six months after registration of a money laundering case against him for obtaining illegal gratification from bar owners in Mumbai when he was in office as the minister. The ED's action had come after the CBI lodged an FIR against him in April, 2021.

It was alleged that Deshmukh had received illegal gratification of approximately Rs 4.7 crore in cash from various orchestra bar owners between December 2020 and February 2021 through the Mumbai police assistant inspector Sachin Waze, now dismissed.

Former Mumbai Police commissioner Param Bir Singh, had also accused Deshmukh of demanding monthly sum of Rs 100 crore from bars and restaurants in Mumbai.