Extension of Anil Deshmukh’s judicial custody not illegal: Mumbai court

Ex-home minister Anil Deshmukh outside ED office. File pic

A special PMLA court in Mumbai, in its order denying default bail to former state Home Minister and NCP leader Anil Deshmukh in a money laundering case, said extension of his judicial custody was not illegal and that the Enforcement Directorate had filed its supplementary charge sheet within the stipulated 60-day period.

The court also held that taking cognisance of offence after filing of charge ¬sheet is not a ‘sine qua non' (an essential condition) for exercising the judicial power vested under the Code of Criminal Procedure (CrPC).

Deshmukh's plea for default bail was rejected by special PMLA judge R M Rokade on January 18, and the detailed order was made available on Friday.

The former state home minister had, in his application, said that the special court for Prevention of Money Laundering Act cases did not take cognisance of the charge sheet filed by the ED before remanding him in further judicial custody, and, therefore, he was entitled to bail by ‘default'.

The plea by Deshmukh, who was arrested on November 2, 2021 and is currently in judicial custody, was opposed by the ED, which said the charge sheet was filed within the stipulated time.

The ED said the concept of taking cognisance is not mandatory under the relevant CrPC section, adding that if the investigation is completed and charge sheet is filed with the concerned court official, the fact that cognisance is not taken by the court within 60 days period contemplated under the provisions of the CrPC is "immaterial".

The court, after hearing both sides and perusal of documents on record, held that ED had filed the supplementary complaint against the applicant and others within the period of 60 days as prescribed under the relevant section of CrPC on December 29.

The supplementary complaint came to be filed before the registry of the court. Therefore, the extension of judicial custody on December 27 cannot be held per se illegal, the court said.

"The accrual of statutory right of default bail is dependent on the singular factor of not filing of charge¬ sheet final report within 60 or 90 days as the case may be. Taking cognisance of offence after filing of charge¬ sheet is not a sine qua non for exercising the judicial power vested under CrPC," the court said.

Deshmukh was accused of corruption and bribery by former Mumbai police commissioner Param Bir Singh, after which the ED and CBI registered cases against the former state home minister.

18 Jan
Day the court rejected the default bail plea

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