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Legal

Updated on: Friday, November 19, 2021, 10:00 PM IST

FPJ Legal: Prima facie material shown, says court while denying relief to Sena leader Anandrao Adsul in bank fraud case

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A special court while denying interim protection from arrest to Shiv Sena leader Anandrao Adsul in the City Co-operative Bank ‘fraud’ case recently, has said in its detailed order that prima facie material against him cannot be ignored.

The court was referring to statements recorded during the probe which were shown to the Bombay High Court by the Enforcement Directorate (ED) in writ petition filed by the politician in which he had challenged the agency’s proceedings against him. The court said that after perusing the same, the HC had opined that there is certain material against him. It said the same file has been shown to it during the present hearing. “A perusal of the file, prima facie the material against the accused cannot be ignored,” the court said. The said material, it said, is satisfactory to summon him and inquire with him.

“The availability of sufficient material against the applicant necessitates an interrogation to unveil the larger conspiracy in the serious offence,” Judge HS Satbhai said in his order passed on Monday. The court added that from the material shown by the ED, the need to have custodial interrogation of the applicant is found necessary, which is more fruitful for collection of further evidence.

The court further said that the relief, if granted, may affect the ongoing investigation and that considering the nature of the offence, its complexity, the ED should get sufficient freedom in the process of investigation. Judge Satbhai said that only under exceptional circumstances a relief of the nature can be given and prime facie, neither the case made out by the ED is found to be frivolous or groundless.

The Sena leader, who was the former Chairman of the bank is alleged to have committed irregularities in loan disbursements and other financial transactions, thereby causing a loss of Rs. 908 crores to the bank.

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Published on: Friday, November 19, 2021, 11:34 PM IST
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