A special court in Mumbai has reserved its order on the remand plea of the CBI, which is seeking custody of sound businessman Avinash Bhosale. The court also heard the application filed by Bhosale’s lawyer Vijay Aggarwal in which issues of illegal arrest were raised. In the meantime, Bhosale continues to stay at a five-star guest house of CBI officials.
From 11.30 am to 5.40 in the evening, the court only heard this particular case in which arguments from both sides were advanced while Bhosale sat in the dock keenly listening.
Aggarwal argued that the CBI would have to seek permission from the Maharashtra government to register a case against Bhosale and investigate and they know they will not get the permission, so in the garb of investigating the Yes Bank-DHFL, Bhosale’s custody is being sought. “The court will have to see their sinister design,” harped Aggarwal.
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Additional Solicitor General Anil Singh, on the other hand, argued that what Bhosale is submitting is that “you (CBI) have not taken permission from court in Rana Kapoor’s case for further investigation, so this investigation is illegal. But look at the order of Rana Kapoor where the court has asked for the completion of further investigation at the earliest”.
Elaborating further, Singh added, “In the application of Rana Kapoor, it was said that further investigation could not have been held as a chargesheet was filed. However, the court had rejected the application, stating that charges are not framed against all accused, so further investigation can be carried out. There are 14 accused and now will all accused file the same application? Should they not have gone on to appeal if they are aggrieved?”
Singh emphasised that the law does not contemplate that any prior permission is required for future investigation. “We are at the stage of remand for the purpose of investigation. He cannot be given special preference. He is connected to Chhabaria who is in custody, so are we not supposed to investigate further?” asked Singh.
Public Prosecutor JK Sharma also argued, “We do not have any personal enmity with this fellow. It is only to bring out the truth in the case that we need custody and investigate further.”
The CBI had arrested Bhosale on Thursday evening and on Friday he was produced in court for further remand. However, looking at the application of the accused, the court decided that Bhosale should be put up at CBI guest house until the application is to be heard.
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