2022 (1) TMI 1216 - HC - Money Laundering

Maintainability of petition - original bail application filed by the petitioner has been withdrawn by the petitioner - HELD THAT - Considering the fact, that the bail application has already been withdrawn, the question of considering the impugned order passed on the purshis dated 18th June 2021, filed by the petitioner, does not arise. Petition disposed off.

Summary

Issues:
Challenge to maintainability of petition due to withdrawal of original bail application.

Analysis:
The judgment revolves around the challenge to the maintainability of the petition due to the withdrawal of the original bail application by the petitioner. The respondent raised a preliminary objection, arguing that since the bail application had been withdrawn by the petitioner, the impugned order passed on the purshis filed in the bail application would not survive. The respondent contended that the petitioner could file a fresh application with a new purshis before the learned Special Judge.

The petitioner, through senior counsel Mr. Ponda, acknowledged the withdrawal of the bail application but argued that the learned Special Judge had upheld the preliminary objection raised by the Enforcement Directorate on the purshis regarding maintainability. The court considered the withdrawal of the bail application and concluded that there was no need to consider the impugned order passed on the purshis dated 18th June 2021.

The court emphasized that if the petitioner decides to file a fresh bail application along with a new purshis before the learned Special Judge, the application should be decided on its own merits without being influenced by the earlier order dated 23rd June 2021. All contentions of the parties were kept open, and they were given the liberty to submit a compilation of judgments they intended to rely on before the learned Judge. Consequently, the petition was disposed of, and all concerned parties were directed to act on the authenticated copy of the order.