The default bail plea of Anil Deshmukh is unacceptable, according to the ED

The Enforcement Directorate (ED) filed an affidavit in the special Prevention of Money Laundering Act (PMLA) court on Wednesday, challenging former Home Minister Anil Deshmukh's default bail petition. According to the ED's affidavit, Deshmukh's appeal was without merit and was likely to be dismissed because it went against established legal norms. The agency stated that a default bail plea cannot be accepted until the charge-sheet and additional charge-sheet have been filed within 60 days from the date of the accused's arrest. R N Rokade, a special PMLA judge, delayed the case to January 11 to hear both parties.

"It is contended that the notion of statutory bail/default bail cannot be entertained once the charge-sheet and additional charge-sheet have been filed," the ED said in its response. Within 60 days of Deshmukh's detention, a supplementary prosecution charge was filed against him and 11 others on December 29, 2021."

"It is indeed claimed that the question of awareness is not important for determining the convicted persons' right to default bail under section 167 (2) of the CrPC because the section is merely for completing the investigation within the given time limit," the ED responded. It is well-established law that default bail cannot be granted only on the basis that cognisance was not taken within the statutory prescribed time frame, even if the report and complaint were made in accordance with the act's provisions."

"It is argued that the stage of cognisance happens after the criminal complaint has been filed" (charge-sheet). "It is submitted that the right to default bail is conditional on the completion of the investigation, which occurs before the taking of cognisance," the ED responded.

Image Courtesy: Twitter @AnilDeshmukhNCP