FPJ Legal: Sena MP Bhavana Gawli and applicant will likely take fate of case in their hands, says court

FPJ Legal: Sena MP Bhavana Gawli and applicant will likely take fate of case in their hands, says court

Bhavna UchilUpdated: Thursday, December 23, 2021, 10:08 PM IST
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A special court that refused bail on Monday to close associate Saeed Khan of Shiv Sena MP from Yavatmal-Washim constituency Bhavana Gawali in a money laundering case, has said in its detailed order that if he is granted the relief, both Gawali and he will likely take the fate of the case in their hands.

By doing so, it said, they will frustrate the efforts of the Enforcement Directorate (ED), the prosecuting agency in the case. The detailed order was made available on Thursday. The order stated that if he is released, there will be no safe trial. It went on to mention that Khan and his associates had attacked a chartered accountant, who is now the ED’s prosecution witness and that if such an applicant is released on bail, there is every possibility that he will pressurise each and every prosecution witness. It said it is material to note that the statement of the CA prime facie indicates Khan’s conduct. It cannot be ignored, the court said, that once the witness refused to go ahead with the plot of Khan and Gawali, his office was attacked.

The order also pointed out that Gawali is yet to appear before the agency and that the ED has submitted that ever since it has been issuing summons to her, she has not responded on some pretext or the other. It said considering Khan’s conduct and that the probe is still pending, if he is released on bail, there is every possibility he will take law into his own hands to mould the prosecution’s case as per their goal.

Special Judge MG Deshpande said there is glaring satisfactory evidence against him and that he is an active participant in the generation of the proceeds of crime.

The ED alleges Khan and others forged documents to convert a trust Mahila Utkarsha Pratishthan, of which Gawali was the chairperson, into a company. The conversion led to the control of the assets of the trust going away from its trustees and landing in the control of Khan and Gawali’s mother Shailinitai Gawali, who were directors of the company. The trust’s money was siphoned off, it claims.

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