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Updated September 29th, 2021 at 19:14 IST

Offence of fence eating crops: CBI to Delhi HC opposing Deshmukh's lawyer, officer's bail

It's an offence of fence eating the crops, the CBI told Delhi HC while opposing bail applications of ex-Maharashtra HM Anil Deshmukh's lawyer Daga & A Tiwari

Reported by: Ananya Bhatnagar
CBI
Anil Deshmukh: Instagram | Image:self
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It's an offence of fence eating the crops, said the Central Bureau of Investigation (CBI) before the Delhi High Court while opposing the bail applications of former Maharashtra Home Minister Anil Deshmukh's lawyer Anand Daga and its arrested official Abhishek Tiwai in connection with the leaking of sensitive documents relating to the probe against the NCP leader. 

In an affidavit filed before a single-judge bench of Justice Yogesh Khanna and accessed exclusively by Republic Media Network, the central probe agency said, "The offence herein is a case of corruption and more so of the fence eating the crops...in our criminal jurisprudence if a Lawyer and the Police are permitted to make 'arrangements' and then are let off lightly, the entire criminal jurisprudence will collapse."

The 19-page document filed through Advocate Nikhil Goel before the Delhi HC also stated that the charges against Daga and Tiwari are "serious" and there is sufficient material to say that this offence was committed to subverting probe in another case (the case against Anil Deshmukh). 

"The allegations in the present FIR are very serious. Over and above, the provisions invoked and the punishment these provisions entail, there is prima facie material to show that the offence is committed to subverting an investigation in another offence. Therefore, the present is a case of commission of the offence to prevent an investigation into another serious offence by illegal means," the affidavit before the Delhi HC read. 

The probe agency also told the high court that the investigation of the present case is at a preliminary stage."A large quantity of electronic evidence has been recovered during various searches conducted. The data/records have been extracted and are being extracted therefrom for detailed analysis and investigation and such data may likely point at a larger conspiracy," said CBI opposing the bail plea filed by the two accused persons. 

It further added that the give and take of illegal gratification may be at the instance of third parties having higher stakes in the other FIR. "The role or involvement of those persons, if any, is yet to be looked into and therefore, the release of the present Petitioner may not be allowed," the probe agency said. 

Both Daga and Tiwari, who are the main accused in this case, knocked on the doors of the Delhi High Court after the trial denied them bail on September 8 saying that Tiwari being an official of the CBI hence that it could not be ruled out that possibly the petitioner may influence some witness. 

Special CBI Judge Vimal Kumar Yadav while denying bail had said, "...it is evident that investigation is still inconclusive, recoveries connect the applicant/accused with the alleged offence and given the fact that the applicant/accused himself being a CBI officer, fully aware about the process and procedure of the CBI and its investigation, therefore the possibility cannot be ruled out that he may try to subvert the investigation or create impediments in one way or the other."

"The allegations are of serious nature and it becomes more grave in view of the fact that he himself entrusted with the investigation and his alleged acts have derailed it. He has acted contrary to his duties and expectations of his officers sabotaging the investigation for consideration," the court had said further while refusing bail to Tiwari and passing similar observations against Daga. 

The two arrests were made after the CBI registered an FIR against the sub-inspector, a Nagpur-based Advocate, and unknown persons on certain allegations, including illegal gratification.

On August 29, a report that was allegedly part of a preliminary inquiry conducted by CBI got leaked in media. The report mentions that the agency had concluded that "no cognizable offence has been committed by Anil Deshmukh". 

The CBI in its internal inquiry found that Deshmukh's legal team tried to bribe some lower-ranked CBI officials in its preliminary inquiry. Strict action will be taken against the staff who were involved in the case. The investigation is underway to find out if more people were involved in the conspiracy to manipulate the documents.

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Published September 29th, 2021 at 19:14 IST

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