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2023 (2) TMI 1218 - SCH - Money LaunderingSeeking release from jail - petitioner was arrested or not - HELD THAT - Considering the fact that during the investigation, the Investigating Agency never arrested the petitioner(s) and that the petitioner(s) had co-operated during the investigation and that now the Charge-sheet is already filed and the custodial investigation is not required, we deem it appropriate to make order dated 23.03.2022 as absolute. It is directed that in case of arrest of petitioner(s), the petitioner(s) be released on bail on the terms and conditions that may be determined by the learned Trial Court. SLP disposed off.
Issues:
Grant of bail to petitioner(s) based on investigation and charge-sheet filed. Analysis: The Supreme Court, comprising Hon'ble Mr. Justice M.R. Shah and Hon'ble Mr. Justice Sudhanshu Dhulia, considered the matter of the petitioner(s) who were not arrested during the investigation and had cooperated. The Court noted that the charge-sheet had been filed, and custodial investigation was deemed unnecessary. Consequently, the Court made the order dated 23.03.2022 absolute, directing that if the petitioner(s) were to be arrested, they should be released on bail as per terms set by the Trial Court. The petitioner(s) were given 10 days to file a regular bail application before the Competent Court with jurisdiction, to be considered independently and in accordance with the law, without being influenced by the current order. The Special Leave Petition was disposed of accordingly, and pending applications were also disposed of. This judgment primarily revolves around the decision to grant bail to the petitioner(s) based on the circumstances of the investigation, their non-arrest, cooperation, and the filing of the charge-sheet. The Court emphasized that custodial investigation was unnecessary at that stage, leading to the directive for bail upon arrest, subject to Trial Court conditions. The petitioner(s) were granted the opportunity to file a regular bail application within a specified timeframe, ensuring a fair and lawful consideration of their case without prejudice from the current order. The disposal of the Special Leave Petition and pending applications marked the conclusion of the Court's decision in this matter.
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