Avinash Bhosale, a Pune-based businessman has approached the Bombay High Court challenging his arrest by the Central Bureau of Investigation (CBI) terming the same as illegal.
A division bench on Monday directed the CBI to file its reply and kept the plea for a hearing on June 23.
Bhosale, the founder of ABIL Group, was arrested by the CBI on May 26 in relation to Yes Bank- DHFL Scam. After being kept in house custody in the CBI guest house at BKC, the special court remanded him to CBI custody from May 31 till June 8. At present, Bhosale is in judicial custody.
Vijay Aggarwal, Bhosale's counsel, argued that the search and seizure proceedings conducted by CBI under the provisions of the Prevention of Corruption Act at the office premises of 'ABIL group of companies' was wholly illegal and conducted without complying with the mandatory statutory provisions under the Criminal Procedure Code (Cr.P.C.).
The plea contended an Investigating Agency, after filing of charge sheet and supplementary charge sheet, can only conduct an investigation with the permission of the court. In the present case, no such permission has been taken.
The CBI has filed a charge sheet as well as a supplementary charge sheet against various accused persons and the majority of these accused persons were not arrested by the investigating agency.
Further, it contended that once a trial starts in the case, no investigation can be conducted even after permission from the court. This clearly shows that Bhosale's arrest was itself illegal and discriminatory, claimed the plea.
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