SC upholds bail granted to Anil Deshmukh by HC

New Delhi: The Supreme Court on Tuesday refused to interfere with the Bombay High Court order granting bail to former Maharashtra home minister Anil Deshmukh in a money laundering case.

The Nationalist Congress Party leader Deshmukh, arrested on November 2, 2021, will not be released from Arthur Road jail in Mumbai as of now, as he is also facing a corruption case registered by the CBI.

A bench of Justices DY Chandrachud and Hima Kohli said the observations made by the high court in its order will not affect the trial in the case and dismissed the appeal filed by the Enforcement Directorate (ED).

During the nearly two hour-long hearing, Solicitor General Tushar Mehta, appearing for ED, submitted the high court has erred in its finding and almost conducted a mini trial on a bail petition. He claimed evidence of the case was selectively discussed by the high court which resulted in perverse finding.

"It was said that admissibility of evidence and character of this evidence will not result in conviction of the accused," Mehta said, adding the apex court needs to set aside the order as the observations made therein will have far reaching consequences in money laundering cases.

The bench said the high court may have to go into these details as the threshold in the Prevention of Money Laundering Act is so high that the court has to record prima facie satisfaction on innocence of the accused.

On October 4, the high court had granted bail to the former minister in the case observing two components of credits" in the bank account of his family trust were not the proceeds of crime.