Almost two years into his incarceration as an undertrial prisoner in a money laundering case, former Maharashtra deputy chief minister and NCP leader
Chhagan Bhujbal will finally be released on bail. The HC on Friday granted him bail for Rs 5 lakh.
Bhujbal who is in a civic hospital in Mumbai for pancreatic problems since March can furnish cash bail said the HC Judge, Justice PN Deshmukh who directed that he cannot leave the jurisdiction of the court without its permission.
He is unlikely to be released till Monday.
Bhujbal, 71, sought bail after the
Supreme Court last November scrapped a provision in a special law that had made seeking bail difficult. Bhujbal through his counsel
Vikram Chaudhary argued that since the SC had struck down section 45 o Prevention of Money Laundering Act (PMLA) which required the accused to show that he is not involved in money laundering, his bail should be considered in regular course. After the SC order last November holding section 45 unconstitutional for being a major impediment in securing bail, several accused facing PMLA charges were released on bail he pointed.
But opposing his release, additional solicitor general Anil Singh appearing for
Enforcement Directorate (ED) argued that even though section 45 is quashed, Bhujbal has to contend with section 24, PMLA which stipulates “presumption’’ of money laundering. It says “When a person is accused of having committed the offenc.. burden of proving that proceeds of crime are untainted property shall be on the accused.’’ But Bhujbal’s counsel said that this section kicks in only during trial and not at the bail stage. Singh said it would apply even at the stage of a bail hearing.
Bhujbal said he had come back voluntarily from the US and has been in custody since March 14, 2016. Bhujbal had filed three bail pleas and two petitions challenging provisions of PMLA and habeas corpus. All were rejected by courts.
The ED also opposed Bhujbal’s fresh bail plea as it said the offence is serious and worth Rs 840 crore and includes two government properties—the Maharashtra Sadan in New Delhi and the Andheri RTO office. Singh said that the FIR was lodged on a HC order over ‘alleged malpractices in awarding contracts to KS Chamankar enterprises and India Bulls’ and which had also observed earlier that the case was a prima facie case of money laundering. He said that the transactions were through bogus companies and bogus directors with help of chartered accountants who have stated to ED that Bhujbal was aware and involved.
Singh had said that Bhujbal is an “influential person” and could influence witnesses. He said being in high position he ought to have been a role model.
The HC will release its order with reasons on Monday.