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Nothing but Sachin Waze’s statement to show corruption case against Anil Deshmukh: Bombay High Court

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The Bombay High Court has granted bail to former Maharashtra home minister Anil Deshmukh in an alleged corruption case observing that prima facie, there is nothing but the statement of dismissed cop Sachin Vaze – whose tenure as a Police Officer has been “controversial” – to show that money was collected from bar owners at the NCP leader’s behest.

The court has also considered his age, 73 years, and ailments, some of which are classified as “de-generative”.

Justice MS Karnik, in a detailed 16-page judgement which was uploaded late last night, granted bail to Deshmukh in the corruption case registered against him by the Central Bureau of Investigation (CBI) on furnishing surety of Rs 1 lakh. He has been directed to cooperate with the investigation.

However, the former minister will not be let out immediately as, following a request from the CBI, the said the bail order will be effective after 10 days.

The court noted that as per the prosecution chargesheet, its case is “mainly based on Sachin Waze’s statement”, who has been granted pardon after turned approver. “The question of the reliability of Mr. Sachin Waze’s version is a matter for trial,” observed Justice Karnik, adding: “It is a matter of record that Sachin Waze was suspended for 16 years.”

Waze had claimed that Deshmukh had promised to reinstate him in police service. Post reinstatement, Waze claimed to collect money from bar owners and deliver it to Kundan Shinde, Deshmukh’s former aide, as instructed by Deshmukh. According to Waze, Deshmukh instructed him to collect Rs.3 lakhs each from 1750 Orchestra Bars/Pubs/establishments in Mumbai totalling Rs.40 to Rs.50 crores approximately.

However, the court took note of the ACP Sanjay Patil’s statement, which were pointed out by Deshmukh’s lawyers – senior advocate Vikram Chaudhari and advocate Aniket Nikam. Patil had said that Waze informed him that he is collecting the money for ‘No.1’, and when Patil asked Waze as to who is ‘No.1’, he was informed that it is ‘CP, Mumbai’. CP at the relevant time was Param Bir Singh.

“The statements as they stand, even without testing its veracity, which is a subject matter of trial, creates some doubt as to whose behest the money was collected,” remarked justice Karnik. “I may hasten to add that these are very prima facie observations limited to considering this application for bail.

The court further remarked that “It is a matter of record that Sachin Waze was suspended for 16 years” and that his tenure “as a Police Officer has been controversial”. Waze was arrested for his alleged role in Antilia bomb scare case and murder of businessman Mansukh Hiran. “He is allegedly involved in extortion cases, fake encounter case, etc,” noted HC.

“Except for Mr. Sachin Waze, none of the statements recorded indicate that it was under the instructions of the applicant that the money was to be collected. It is for the trial Court to look for corroboration in material particulars for relying on the statement of Sachin Waze, the approver,” the court averred.

The HC also factored his old age and that he is suffering from multiple ailments, some of which are classified as de-generative.

Justice Karnik observed that while granting him bail in ED case, the HC had remarked: “In the light of the materials on record, it would be audacious to observe that the applicant is not a sick person”.

Deshmukh was arrested in November 2021 by the ED in a money laundering case. In April 2022, the CBI arrested him in a corruption case. He is presently in judicial custody and lodged at the Arthur Road Jain in Mumbai.

The CBI has filed chargesheet on June 2, 2022, with respect to the issue of corruption, the basis being collecting/extorting monies from restaurants and bar owners.However, the two other facets of corruption – the transfers and postings within the police and influencing investigations – are still under investigation. The chargesheet is yet to be filed by the CBI on these aspects.

“Therefore, there is no question of the trial concluding any time soon in the near future. The CBI may proceed with the investigation but not at the cost of continued incarceration of the applicant,” added HC.

Deshmukh is no longer the Home Minister and therefore, there is no question of his influencing the investigation

Also, relying on bail order in ED case, Justice KArnik said that Deshmukh “appears to have roots in society and the possibility of fleeing away from justice seems remote”.

Maximum punishment, if found guilty, is seven years. Also, there are no criminal antecedents reported against him. Having regard to the totality of the circumstances, in my opinion, the applicant can be released on bail.

Release on bail on furnishing personal bond of Rs.1,00,000/- with one or more sureties in the like amount.

Report to the office of the CBI on every Tuesday, between 10.00 a.m. to 12.00 noon for one month from the date of his release. Thereafter, he shall report to the office of the CBI on every alternate Tuesday, between 10.00 a.m. and 12.00 noon, for the next three months.

To remain within the area of Greater Mumbai till the trial is concluded and shall not leave the area without permission of the competent Court.

Surrender his passport to the trial Court, if not already surrendered.

Not make any inducement directly or indirectly, threat or promise to tamper with witnesses.

Not tamper with evidence.

Co-operate with the expeditious disposal of the trial.

Maharashtra

Abu Asim’s letter to the state chief minister and DGP, threatening Nanded Muslims not to sacrifice, demanding action against miscreants to ensure peace

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In Nanded, Maharashtra, Bajrang Dal goons have threatened Muslims with weapons in the area so that Muslims do not sacrifice on Eid-ul-Adha, which is a threat to the state’s atmosphere and there is also a fear of communal violence. In such a situation, the police and administration should take strict action to maintain law and order and curb the miscreants because terrorism by Bajrang Dal goons is on the rise here.

To ensure law and order in the Degulur taluka of Dharmabad district of Nanded district of the state, state Chief Minister and Police Chief DGP have been demanded by MLA and Samajwadi Party leader Abu Asim Azmi to take action against sectarians and miscreants. Azmi has made a serious allegation that Bajrang Dal workers are patrolling the Dharmabad area with weapons and are threatening Muslims and trying to intimidate and spoil the atmosphere so that they do not sacrifice on Eid-ul-Adha, and Hindu extremists have warned Muslims not to sacrifice. Abu Asim Azmi has also sent a letter to the Chief Minister and DGP, demanding immediate intervention from the administration in this matter.

He has said in the letter that a local from Dharmaabad, Sheikh Lal Ahmed, has informed him about the mischief of the miscreants. He has alleged that the miscreants of Bajrang Dal are instructing not to offer sacrifices on Eid-ul-Adha and are also threatening Muslims. He said that the terrorism of Bajrang Dal and RSS should be banned and action should be taken against those who spoil the environment so that peace and security is maintained in Dharmaabad on Eid-ul-Adha. Azmi has appealed that strict police security arrangements be made in Dharmaabad on Eid-ul-Adha so that social harmony is maintained and Muslims can celebrate their festival peacefully.

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Maharashtra

Animal markets will remain open for sacrifice, Gauseva Aayog withdraws controversial order

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Mumbai: The Mumbai GauSeva Ayog has withdrawn its controversial order to keep cattle markets closed from June 3 to June 8 until Eid-ul-Adha. It has only said that it should be ensured that there is no slaughter of prohibited animals during the sacrifice. After a meeting of Muslim representatives along with Maharashtra Chief Minister Devendra Fadnavis, the Chief Minister had issued an order to withdraw the circular, after which the Gau Seva Ayog has withdrawn its controversial circular and order. This circular had said that animal markets in all districts of the state should be closed till June 8 to prohibit cow slaughter on Eid-ul-Adha. Muslims opposed this and during the meeting of Muslim representatives, the Chief Minister had announced the withdrawal of this order. Therefore, the GauSeva Ayog has officially withdrawn the circular and instead issued a new circular, which has lifted the ban on animal markets. Along with this, strict implementation of the cow slaughter law has also been demanded.

The state government is responsible for implementing the cow slaughter law and the police and administration are ready for it, but after the GauSeva Aayog issued such a controversial circular, Samajwadi Party leader and MLA Rais Sheikh had declared it illegal and said that the circular issued is completely illegal and controversial, while the Aayog has no authority to issue orders, it can only make recommendations. In such a situation, after the order of the Chief Minister, now animal markets will continue during the sacrifice period and there is no ban on the market of buffaloes including goats, therefore Muslims have been appealed not to pay attention to rumors.

Deonar Slaughterhouse General Manager Kaleem Pathan also said that the Deonar Goat Market will continue and the order issued by the Gau Seva Aayog has been withdrawn, so the public should not pay attention to rumors about the Deonar Goat Market. He said that along with the facilities in the Goat Market in Deonar, arrangements have been made for the convenience of buyers. Along with stalls, other facilities are also available here. He said that more than 150,000 goats have arrived in the Deonar Goat Market and along with this, more than 80,000 goats are left.

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Maharashtra

Rain started in Mumbai

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Mumbai: Heavy rains have been continuing in Mumbai since last night. Mumbai city has recorded 20.93 mm of rain, East 23.40 mm and West 20.10 mm of rain. Despite the rain continuing in the city and suburbs, life is normal. Train and bus services are normal. Due to rain in the city, there have also been complaints of water accumulation on the roads due to lack of cleaning of drains in low-lying areas. According to BMC, rain will continue in the city and the rain will be intermittent. Therefore, BMC has claimed to make all the arrangements, but due to lack of repair of roads in the city, citizens are facing a lot of problems.

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