FPJ Legal: ED says Anil Deshmukh’s allegations ‘misleading’, opposes his bail plea

Mumbai: The Enforcement Directorate (ED) has opposed the bail application of former state home minister Anil Deshmukh in a money laundering case and said in its response that the primary ground on which he claimed bail, is not relevant and called his allegations on it misleading.

Deshmukh had stated in his plea claiming default bail, that the court had not taken cognizance of the agency's chargesheet till date and that in the pre-cognizance stage, his custody could not be extended beyond the period of 60 days from arrest, making him entitled for bail. The extension of his custody by the court on Dec 27, beyond the said period that ended on Jan 1, was ‘non-est’ in law, it said. The politician had also alleged that the ED had ‘surreptitiously’ got his custody extended on that day, without informing the court that the 60-day period ended on Jan 1.

In its response filed before the court on Wednesday by the Assistant Director of the agency, who is the investigating officer in the case, the agency has denied the allegations. “The contentions made by the applicant are wrong…are meant to mislead the Honorable Court,” it stated. It said further that such a default or statutory bail cannot be considered once the chargesheet has been filed, which was done in this case on Dec 29, within the 60-day period after Deshmukh’s arrest.

The reply said that the question of taking cognizance of the chargesheet is not relevant for default bail and that it is only necessary that the investigation is completed. It is settled law, it stated, that default bail cannot be granted on this ground.