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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.

Entertainment

Bigg Boss fame Ajaz Khan polls fewer votes than even NOTA in Versova

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Ajaz Khan, the Bigg Boss fame actor-turned-politician, suffered an embarrassing defeat in the Maharashtra Assembly elections, where he polled just 155 from the Versova constituency. Remarkably, even the NOTA (None of the Above) option has outperformed him, securing 1,298 votes.

Fielded by Chandrashekhar Azad’s Azad Samaj Party (Kanshi Ram), Ajaz Khan failed to translate his social media popularity – a staggering 5.6 million Instagram followers – into votes.

His political debut at the state level appears to have fallen flat, much like his earlier foray into the Lok Sabha elections. Khan had contested from the Mumbai North Central seat during the general elections but failed to make an impact there as well.

The Versova constituency, meanwhile, witnessed a fierce contest between Haroon Khan of the Shiv Sena (UBT) and Bharati Lavekar of the BJP. Haroon Khan, however, won the seat with a margin of over 1,600 votes.

While Ajaz Khan has struggled to breach even the 150-vote mark, the Mahayuti alliance is surging towards a dominant victory across the state, projected to win over 221 seats. In contrast, the Maha Vikas Aghadi (MVA), comprising Congress, Shiv Sena (UBT), and Sharad Pawar’s NCP faction, appears headed for a humiliating defeat.

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Maharashtra

‘This Is Landslide Victory. I Thank My Ladli Behnas And Kisans…’: CM Shinde On Mahayuti’s Massive Win In Maharashtra 

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In a statement to the media, Shinde said, “I thank the voters of Maharashtra. This is a landslide victory. I had said before that Mahayuti will get a thumping victory. I thank all sections of the society. I thank my ladali behnas and kisans. I also thank all the workers of the Mahayuti parties. “

Meanwhile, the Bharatiya Janata Party is likely to hold the Maharashtra Legislative Party meeting on November 25 and the oath-taking ceremony on 26,

A larger meeting of the Yuti alliance is also likely to be held around the same time. 

This comes after the BJP-led Mahayuti alliance in Maharashtra crossed the crucial majority mark, as per the Election Commission data around 11 am. It is securing a lead in 220 seats and is likely heading towards a landslide victory. Celebrations have already begun at the BJP’s Mumbai office.

Shiv Sena MP Shrikant Shinde said, “As we had expected, we have got very good numbers. I thank all the voters who stood behind Mahayuti and gave this landslide victory…”

Shiv Sena leader Naresh Mhaske said, “Maharashtra of government has expressed its faith in Mahayuti. The public is seeing what is happening to Uddhav Thackeray’s Shiv Sena today. The people have stated that Eknath Shinde is the one who is capable of leading Balasaheb Thackeray’s Shiv Sena…By way of their votes, the public has slapped a slipper on the face of Sanjay Raut. I am a Shiv Sena worker and I think that Eknath Shinde should be the chief minister…”

Early trends as per ECI

As per the initial results, the Mahayuti alliance is leading in 220 seats, with the Bharatiya Janata Party (BJP) leading in 128 seats, driving the charge in Maharashtra. The Eknath Shinde-led Shiv Sena (SHS) follows closely with 55 seats. The Nationalist Congress Party (NCP), led by Maharashtra Deputy CM Ajit Pawar, is leading in 35 seats, while the Rashtriya Yuva Swabhiman Party (RSHYVSWBHM) is leading in 2 seats.

Meanwhile, the Maha Vikas Aghadi (MVA) is trailing, with a lead in 51 seats. The Indian National Congress (INC), part of the MVA, is leading in 20 seats. The Shiv Sena (Uddhav Balasaheb Thackeray) leading in 16 seats, and the Nationalist Congress Party – Sharadchandra Pawar (NCP-SP) is leading in 13 seats. The Samajwadi Party (SP) too is in the lead at 2 seats.

In addition, the All India Majlis-E-Ittehadul Muslimeen (AIMIM), Jan Surajya Shakti (JSS), and Peasants And Workers Party of India (PWPI) are all leading in 2 seats each.

Other minor parties, including Swatantra Bharat Paksha (STBP), Indian Secular Largest Assembly of Maharashtra (DISECL), CPI(M), Bahujan Vikas Aaghadi (BVA), and Rajarshi Shahu Vikas Aghadi (RSVA) are leading in 1 seat each. Additionally, 5 independent candidates (IND) are leading in their respective constituencies.

As the Sena-BJP-NCP celebrate all eyes will now be on who will assume the post of CM of the state.

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Maharashtra

Maharashtra Election Results 2024: UBT’s Sanjay Raut Cries Conspiracy, Says ‘This Can’t Be Decision Of People Of State’

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Maharashtra Election Results 2024: UBT's Sanjay Raut Cries Conspiracy, Says 'This Can't Be Decision Of People Of State'

The early trends as of 10:30 AM indicate a landslide victory for the BJP-led Mahayuti government in the Maharashtra Assembly elections. Shiv Sena (UBT) leader and Rajya Sabha MP Sanjay Raut has responded to the early trends showing Maha Vikas Aghadi’s (MVA) massive defeat in Maharashtra.

Speaking to the media amid ongoing counting, Raut said, ‘This cannot be the decision of the people of Maharashtra. We know what the people of Maharashtra want.’

‘From what we are seeing, it seems that something is wrong. This was not the decision of the public. Everyone will understand what is wrong here. What did they (Mahayuti) do that they are getting more than 120 seats? How is it that MVA is not even getting 75 seats in Maharashtra?’ Raut said.

Rejecting the trends, Raut said that his party has faith in the people of Maharashtra. “They have done some ‘gadbad,’ they have stolen some of our seats…This cannot be the public’s decision. Even the public does not agree with these results. Once the results are out, we will talk more. In every election seat, money-counting machines were installed. Is it possible that Shinde gets 60 seats, Ajit Pawar gets 40 seats, and BJP gets 125 seats? The people of this state are not dishonest. We have faith in the people of Maharashtra,” he said.

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