Mumbai: The Bombay High Court on Tuesday refused to extend the stay it had granted on its order granting bail to former State Minister Anil Deshmukh in a corruption case of the Central Bureau of Investigation (CBI).
With the HC denying the extension, if the agency does not get any relief from the Supreme Court, it could pave the way for Mr Deshmukh’s release.
On Tuesday, the CBI had approached the vacation bench of the HC and sought an extension beyond December 27 by which its order granting bail will be further delayed in getting effective.
It told the bench of Justice SG Chapalgaonkar that despite its best efforts it could not get a hearing before the apex court in its challenge against the HC’s order as the apex court is closed for vacation.
'Extension on stay is abusing process of law,' Deshmukh's counsel
Advocate Shriram Shirsat, appearing for the CBI, informed the bench that the agency would try to get the matter listed before the apex court on Wednesday.
Appearing for Mr Deshmukh, advocate Aniket Nikam had argued that the CBI’s plea seeking extension of stay is an abuse of the process of law.
On December 21, the HC had extended its stay till December 27, and another bench of the HC of Justice Makarand S Karnik, which had granted him bail on December 12, had stated in its order that under any circumstances no further request of extension will be entertained.
The vacation bench told the CBI that the regularbenchhadrefused to grant any further extensions andaskedhow thevacation bench can override it.
Deshmukh granted bail on Dec 12
On December 12, Justice Karnik granted bail to Mr Deshmukh and said that the bail order will be effective after 10 days, as the CBI had sought time to challenge it in the Supreme Court (SC).
The central agency filed an appeal in the SC on December 16 but the plea would be heard only in Jan 2023 as the apex court is closed for Christmas vacation.
The 10-day period was to end on December 21. Hence, the CBI filed an application seeking extension on stay on the effect of the order.
