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Issues involved: Appeal against grant of anticipatory bail under Section 438 of Cr.P.C.
Summary: The Enforcement Directorate appealed against the Bombay High Court's order granting anticipatory bail to the respondent under Section 438 of Cr.P.C. The High Court's reasoning was based on the respondent's availability for interrogation and the prosecution not utilizing that opportunity. However, the Supreme Court clarified that the criteria for granting anticipatory bail under Section 438 had been recently addressed in a previous case. The Court emphasized that unless the respondent proves unnecessary harassment by the investigating agency, anticipatory bail should not be granted to a white-collar criminal like the respondent accused of violating the Foreign Exchange Regulation Act. In this case, the Supreme Court found the High Court's decision to be unjustified and set aside the order, allowing the appeal.
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