2021 (3) TMI 1447 - HC - Money Laundering

Seeking stay of the operation of the impugned order during the pendency of the present petition and/or to stay the final decision on the bail application filed by the respondent during the pendency of the present petition - HELD THAT - After arguing for some time, learned counsel for the parties are ad idem that the impugned order be set aside and case be remitted to the learned Sessions Judge-cum-Special Judge, Gurugram under the Prevention of Money Laundering Act, 2002 to decide the matter afresh, after taking into account all aspects of the matter, as well as judgments cited by respective counsel for the parties by hearing the case as item No.1 on 02.03.2021 at 10 00 a.m. positively. The matter remitted to the learned Sessions Judge-cum-Special Judge, PMLA, Gurugram to decide the matter afresh after taking into account all aspects of the matter - Petition disposed off.

Summary

Issues:
Petition under Section 482 Cr.P.C. for quashing/setting aside order dated 18.02.2021 passed by the learned Sessions Judge-cum-Special Judge, PMLA, Gurugram in case No.ECIR/01/HIU/2019 and/or stay of the operation of the impugned order during the pendency of the present petition and/or to stay the final decision on the bail application filed by the respondent.

Analysis:
The case was heard through Video Conferencing due to the Covid-19 pandemic. The judgment disposed of two cases, CRM-M Nos.8825 & 8827 of 2021, as the facts and impugned orders were identical, with the facts being taken from CRM-M No.8825 of 2021 for convenience. The prayer in the petition was for quashing/setting aside the order dated 18.02.2021 passed by the Sessions Judge-cum-Special Judge, PMLA, Gurugram, and for a stay on the operation of the impugned order and the final decision on the bail application filed by the respondent. The petitioner's counsel contended that the impugned order did not consider the points raised and judgments cited. After arguments, both parties agreed to set aside the impugned order and remit the case to the Sessions Judge-cum-Special Judge, Gurugram under the Prevention of Money Laundering Act, 2002, for a fresh decision, considering all aspects and judgments cited. The case was scheduled for a hearing on 02.03.2021 at 10:00 a.m. to ensure a fair decision. The impugned order was set aside, and the matter was remitted for a fresh decision, emphasizing that this action did not imply an opinion on the case's merits. The order was to be furnished to the respective counsels and sent to the Court of the Sessions-cum-Special Judge PMLA, Gurugram for compliance. The petitions were disposed of in the mentioned terms.