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This story is from June 6, 2018

Chhagan Bhujbal's nephew gets bail in money laundering case

Chhagan Bhujbal's nephew gets bail in money laundering case
MUMBAI: The Bombay high court on Wednesday granted bail for a Rs 5 lakh surety to Sameer Bhujbal, nephew of former Maharashtra deputy chief minister Chhagan Bhujbal, in a money laundering case.
Justice Ajay Gadkari allowed his bail plea on grounds of parity as his lawyers Vikram Chaudhary and Sujay Kantawala said the prime accused Chhagan Bhujbal was already granted bail by a regular bench on May 4.
Both had spent over two years in custody.
The Bhujbals were the only two arrested in early 2016 out of 50 accused in an alleged case of Rs 840 crore money laundering.
Additional solicitor general Anil Singh opposed Sameer’s plea and tried to distinguish his case from his uncle’s.
The HC directed that Sameer cannot leave Maharashtra without its prior permission and his passport be deposited.
Sameer, 44, has been “languishing in jail since his arrest on February 8, 2016," said his plea. The Bhujbals’ case is that with the Supreme Court having held section 45 of the Prevention of Money Laundering Act (PMLA) unconstitutional, it would no longer serve an impediment for grant of bail, as it did earlier.

The section had made it difficult to get bail as it required the accused to show he was not involved in money laundering. The HC had finally granted Chhagan Bhujbal bail on the basis of the SC striking down section 45 of PMLA.
ED had opposed bail on the ground that role of Sameer is greater than Chhagan bhujbal and that a fresh amendment in PMLA revives and ressurects the twin conditions, deleted as unconstitutional by Supreme Court.
Sameer’s lawyers including Sajal Yadav argued that provision of the PMLA which made bail restrictive was struck down by the SC and are not revived by legislature.
The laundering case was registered by the Enforcement Directorate in 2016.
The ED said that the offence includes two government properties— the Maharashtra Sadan in New Delhi and the Andheri RTO office. The FIR against the Bhujbals was lodged on an HC order of December 18, 2014 which had appointed a special inquiry team (SIT) of ED and CBI to probe “alleged malpractices in awarding contracts of construction of Maharashtra Sadan in Delhi and Kalina library to KS Chamankar Enterprises and India Bulls pvt Ltd respectively”. The allegations were that Bhujbal has misused his post as Public Works Department (PWD) minister in Maharashtra.
Meanwhile Chhagan Bhujbal is at his home in Mumbai. He was admitted to hospital in March with complaints about his pancreas when he was granted bail.
The charges are yet to be framed in the case by the court and trial yet to begin.
Sameer will be out on Thursday from Arthur Road jail.
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About the Author
Swati Deshpande

Swati Deshpande is Senior editor at The Times of India, Mumbai, where she has been covering courts for over a decade. She is passionate about law and works towards enlightening people about their statutory, legal and fundamental rights. She makes it her job to decipher for the public the truth, be it in an intricate civil dispute or in a gruesome criminal case.

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