However, in the CBI case, the special court refused to grant bail to Deshmukh.
He then approached High Court seeking bail, pointing out that the special court failed to consider the observations of the High Court in its order granting bail in the money laundering case.
The High Court had questioned the credibility of the statements of dismissed Mumbai cop Sachin Waze and said that Deshmukh may not be ultimately convicted.
In its reply affidavit, CBI stated that the statements of Waze recorded under the PMLA could not be equated with his statements recorded before the judicial magistrate under Section 164 of the Code of Criminal Procedure in the corruption case.
“In the order of the High Court granting bail to the applicant in PMLA case, the probative value of statement of Sachin Waze is discussed in capacity of a co-accused whereas in the present (corruption) case, he had been granted pardon and therefore ceases to be an accused and now is a prosecution witness,” the CBI affidavit said.
Source: Barandbench
