Additionally, Justice NJ Jamadar referred to the PMLA Act’s proviso to Section 45, which permits the granting of bail based on medical justifications.
The Bombay High Court noted from the evidence presented before it that there was a likelihood Anil Deshmukh would not be found guilty in the case when it granted bail to the former Maharashtra Home Minister in the money laundering case against him.
Justice NJ Jamadar observed that the co-accused in the case and fired Mumbai police officer Sachin Waze’s testimonies were the main source of information used by the investigative agency, Enforcement Directorate (ED).
According to his testimonies, Kundan Shinde, Deshmukh’s personal assistant, received a transfer of $1.71 crore that was allegedly obtained from the proprietors of the bars during the months of February and March 2021.
Waze’s assertions, however, lack confidence, according to the Court
The allegations of the generating of proceeds of crime from the claimed predicate offense of exercising influence over the transfers and postings of police officers cannot be supported by these statements ex-facie. These claims lack the element of source, time, and location certainty ex-facie. They appear to be hearsay at first glance, the court noted.
A predicate offense is a crime that is a part of a more serious offense. An offense in the Indian Penal Code, known as the predicate offense, is the first step in committing a crime like money laundering under the Prevention of Money Laundering Act (PMLA). The term “proceeds of the crime” refer to the financial benefit the accused obtained as a result of the crime.
In the current instance, the Court came to the conclusion that the witness testimony gathered by ED to supposedly support the charges failed to specifically identify the specific crime that Deshmukh committed and how doing so assisted him in obtaining the profits of the crime.
It also stated that Waze’s time serving as a police officer was debatable.
Furthermore, Waze allegedly made his comments after discovering or hearing that money was exchanged, the same as the allegations of retired IPS officer Param Bir Singh.
The Court stated that “all these considerations, if taken into account on the basis of the criteria established in the matter of Ranjitsingh Sharma (above), may compel the Court to declare that, in all likelihood, the applicant may not be eventually convicted.”
The court noted that Waze had been an approver in the CBI case and that ED had said that it had no objections to Waze’s bid to be an approver in the money laundering case.
“Mr. Sachin Waze is currently listed as a co-accused. The prosecution has relied on Mr. Sachin Waze’s remarks, although they are simply those of a co-accused. The Court stated that it may be worth considering whether co-accused remarks can be used against one another at this point.
![[Anil Deshmukh bail] Sachin Waze's Claims are unreliable; Deshmukh might not be found Guilty: Bombay High Court - Asiana Times](https://tdznkwjt9mxt6p1p8657.cleaver.live/wp-content/uploads/2022/10/image-217.png)
Between 2019 and 2021, Deshmukh and his accomplices are the subjects of an investigation for alleged corruption.
The CBI arrested Deshmukh and several individuals after conducting a preliminary inquiry following a complaint made by attorney Dr. Jaishri Patil. The investigation was started as a result of a directive that the Bombay High Court issued on April 5, 2021, in response to a plea submitted by Param Bir Singh, a former commissioner of the Mumbai Police.
Deshmukh was arrested in November 2021 after the Enforcement Directorate (ED) opened a case against him for money laundering offenses under the PMLA based on this FIR from the CBI. He was placed under ED custody, and the High Court prolonged that detention until November 15. He was then placed in judicial custody, where he is still today.
The CBI later caught Deshmukh in the first week of April of this year. He was held by the CBI till April 16 before being committed to the custody of the court.
The following charges were leveled by ED against Anil Deshmukh:
– That Deshmukh was instrumental in getting fired Mumbai police officer Sachin Waze back on the job, and that when he was reinstated, the two of them collaborated to reap illicit rewards through extortion and other criminal means;
– That from December 2020 to February 2021, Waze received money from bar owners totaling 4.70 crores under Deshmukh’s direction.
– That Deshmukh abused his power to have police employees transferred and posted in order to gain an unfair advantage. According to the allegations, Deshmukh gave the Police Establishment Board (PEB) members unofficial directives to make recommendations regarding transfers and postings. In exchange, Deshmukh allegedly received significant consideration through an intermediary for favorable transfers and postings of police officials.
![[Anil Deshmukh bail] Sachin Waze's Claims are unreliable; Deshmukh might not be found Guilty: Bombay High Court - Asiana Times](https://tdznkwjt9mxt6p1p8657.cleaver.live/wp-content/uploads/2022/10/image-216.png)
The High Court pointed out that there was no specific claim that anything deemed to be profits of crime had come from or been acquired as a result of criminal behavior connected to the planned offense of exerting undue influence over promotions and transfers of police officers.
The prosecution evidence “did not portray the claimed unaccounted funds as “proceeds of crime” with respect to transfers of monies during the period of 2011–19 and September to November 2020,” the Court stated.
The High Court found that Deshmukh was qualified for bail on the basis of merits since there was a strong presumption in favor of exercising discretion.
The court further stated that there was sufficient evidence to support the exercise of discretion under the proviso under Section 45 of the PMLA in favor of an accused who is otherwise ill or infirm.
“It would be outrageous to note that the petitioner is not a sick person,” the Court said. “Deshmukh, 73, has been suffering from several diseases that may be regarded as de-generative,” the Court said.
