The Supreme Court on Wednesday ordered the release of former Rajasthan minister Mahesh Joshi on bail, months after his arrest by the Enforcement Directorate (ED) in the alleged Rs 900-crore Jal Jeevan Mission (JJM) scam.
A Bench of Justices Dipankar Datta and AG Masih was hearing Joshi’s special leave petition challenging the Rajasthan High Court’s decision of 26 August, which had refused him bail.
The High Court held that under the Prevention of Money Laundering Act (PMLA), the court must find the accused not prima facie guilty before granting bail.
Joshi maintained that the case stemmed from fabrication and pointed out that the Anti-Corruption Bureau’s original FIR omitted his name.
He argued that despite receiving a notice last year, the ED arrested him without bringing any new evidence on record.
Joshi also disputed the agency’s allegation that he received Rs 2.01 crore, saying the ED had not established the source of the alleged funds.
A Rs 50-lakh transfer to his son’s firm, he said, reflected a loan he had already repaid.
The ED, however, opposed his plea. It told the court that Joshi’s involvement was detailed in a separate ACB FIR and said the Rs 50-lakh transaction could not be dismissed simply because the amount was returned.
The agency also alleged that Joshi accepted bribes during the tendering process for JJM works.
The ACB had earlier filed an FIR naming 22 people, including Joshi and several senior officials, over suspected manipulation of tender procedures in the scheme.
Investigators said that evidence traced through email accounts revealed a network of officials and contractors allegedly involved in awarding tenders using fake certificates.
The Supreme Court’s bail order now allows Joshi to leave custody while the investigation continues.
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