The Bombay High Court on Tuesday (February 4, 2025) granted bail to Shiv Sena (UBT) leader Suraj Chavan, a close aide of Aaditya Thackeray, in a money laundering case linked to alleged irregularities in the contract of distribution of ‘khichdi’ packets to migrant workers in Mumbai during the COVID-19 pandemic.
Pronouncing the judgment, Justice Milind Jadhav observed that Mr. Chavan has been in jail since January 17, 2024, and has been in custody for over one year.
“Except from taking cognisance there is no other progress of the trial and the charges are yet to be framed and considered by the Special Court. There are 20 prosecution witnesses cited by the Enforcement Directorate [ED] in their complaint and it will therefore be difficult to comprehend that trial is likely to be completed in the foreseeable future, rather there seems to be no possibility that trial will be concluded in a reasonable time,” the court observed.
The judge said Mr. Chavan had fully cooperated with the prosecution agency (ED) and made all disclosures. Hence his further incarceration could not serve any useful purpose rather it would amount to punishing him before guilt was proved.
“The principal allegation that the applicant being in an influential position in the State at the then time no longer prevails in the current dispensation. Therefore, any apprehension of prosecution regarding tampering with evidence can be redressed by imposing appropriate conditions. Bail application is allowed,” the judge said.
The court directed the ED to release the Shiv Sena (UBT) leader on bail on the conditions that he furnished a personal bond in the sum of ₹1,00,000 with one or two sureties in the like amount, a cash bail of ₹1,00,000 immediately and was permitted to provide one or two sureties as directed within four weeks from the date of his release.
Mr. Chavan is also directed to report to the Investigating Officer in the office of the ED once every month on the third Saturday between 10 a.m. and 12 noon for the first three months and thereafter as and when called and he must cooperate with the conduct of the trial and attend the court on all dates unless specifically exempted and will not take any unnecessary adjournments.
If he does so, the prosecution will be entitled to apply for cancellation of this order. He should not leave the State without the prior permission of the trial court and must deposit his passport, if any, with the Special Court under the PMLA at Mumbai within one week after his release on bail. He is also directed not to influence any of the witnesses or tamper with the evidence in any manner and must keep the Investigating Officer informed of his current address and mobile contact number.
The ED arrested Mr. Chavan, a core committee member of the Yuva Sena, youth wing of the Uddhav Thackeray-led Shiv Sena (UBT), after a First Information Report (FIR) was registered by the Mumbai Police’s Economic Offences Wing (EOW) against him.
The ED argued that Mumbai’s civic body, the Brihanmumbai Municipal Corporation (BMC), had transferred ₹8.64 crore into the bank account of Force One Multi Services to distribute khichdi packets to migrant workers who were stranded in the city during the lockdown on account of COVID-19.
As per the ED’s investigation, the Force One Multi Services generated proceeds of crime of ₹3.64 crore, of which ₹1.25 crore was diverted to Mr. Chavan’s bank account and ₹10 lakh to the bank account of his partnership firm Fire Fighters Enterprises and this was how Mr. Chavan had wrongfully acquired proceeds of crime to the tune of ₹1.35 crore that later he had used to purchase property and invest in dairy business.
Appearing for Mr. Chavan, advocates Ashok Mundargi and Harshad Bhadbhade argued, “The applicant is not named as accused in the predicate offence. No case whatsoever is made out by prosecution regarding its principal allegation that lesser weighing food packets were supplied and on which designated days or dates by Force One Multi Services and therefore the said allegation is vague, insufficient and merely exists on paper.”
Published - February 04, 2025 01:16 pm IST
