Anil Deshmukh’s personal secretary claims CBI filed 'incomplete chargesheet', seeks default bail

The CBI has filed an incomplete chargesheet following which Anil Deshmukh’s personal secretary sought bail plea from the court.

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Representative image
Representative image

A special CBI court in Mumbai has asked Sanjeev Palande, the personal secretary of former Maharashtra home minister Anil Deshmukh, to file a formal default bail application. A default bail is generally filed when an investigating agency fails to file a chargesheet within a stipulated time period.

However, advocates Shekhar Jagtap and Sairuchita Chowdhary, appearing for Palande said, "I am proposing a default bail as an incomplete chargesheet is filed by the investigation agency."

Special CBI Judge SH Gwalani pointed out, "The board is already discharged for the day and even the CBI counsel is not present before the court."

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However, Jagtap said that he orally wanted to make the submission that he wants to file a bail plea under section 167 (2) of CrPC for Sanjeev Palande as he was arrested on April 4 and the entire chargesheet should have been filed on June 2. The agency had filed a 59 page document before the court registry on June 2. "What they have filed is an incomplete chargesheet. The documents and annexures, everything should have been filed together on June 2 itself," reiterated Jagtap.

At hearing this, Judge Gwalani said that the court had yet to receive documents and remand papers. "The documents are lying with the registry," Judge Gwalani said. Jagtap reiterated that this is because the agency has not filed it yet.

"Admittedly, this court was on vacation on June 2. So the investigating officer of the CBI went to judge AS Sayyad's court seeking time and this has been recorded in the roznama of that day," said Jagtap.

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The roznama, which is a record of the days’ proceedings in the court, states, "The chargesheet has been filed in sessions department. The session registrar is directed to number the chargesheet subject to checking. The investigating officer (DSP Mukesh Kumar) is directed to produce the documents on or before June 7, 2022. Today, only a chargesheet has been received from sessions department."

After hearing the arguments, Judge Gwalani said, "Considering the circumstances, if Palande wants to file default bail application then he should file in writing. After taking instruction from the registry, this court shall pass necessary order."

Jagtap said that he would file a written bail application soon and the next date of hearing is June 20 in the case.

Pursuant to an order of the Bombay High Court, the CBI conducted an enquiry and then registered a case against Anil Deshmukh and his personal assistant and secretary Palande and Kundan Shinde. The chargesheet has been filed by the CBI against all three.

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