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2024 (1) TMI 13 - SCH - Money LaunderingMoney Laundering - seeking release on bail - charges not framed yet - HELD THAT - The appellant Benoy Babu has already suffered incarceration for about thirteen months, and the trial has not commenced, in the sense, that charges have not yet been framed. Having regard to the facts and circumstances, including the period of incarceration already suffered by the appellant Benoy Babu, it is accepted that the present appeals and direct that the appellant Benoy Babu will be released on bail in Complaint Case No. 31 of 2022, pending before the learned ASJ/Special Judge (PC Act) (CBI-09), Rouse Avenue District Courts, New Delhi. The impugned judgment/order is set aside and the appeals are allowed.
Issues Involved: Bail granted to appellant u/s Complaint Case No. 31 of 2022 pending before ASJ/Special Judge (PC Act) (CBI-09), Rouse Avenue District Courts, New Delhi in ECIR/HIU-II/14/2022.
Bail Grant: The appellant, Benoy Babu, a Regional Manager in a liquor company, was not an accused in the charge sheet filed by the CBI but a prosecution witness. No money was paid by or to him. Despite suffering incarceration for about thirteen months without the trial commencing or charges being framed, the Supreme Court granted bail to Benoy Babu in Complaint Case No. 31 of 2022 pending before the ASJ/Special Judge (PC Act) (CBI-09) at Rouse Avenue District Courts, New Delhi in ECIR/HIU-II/14/2022. The impugned judgment was set aside, and the appeals were allowed, with a clarification that the observations made were solely for the disposal of the present appeal and not as findings on the case's merits. Conclusion: The Supreme Court, comprising Hon'ble Mr. Justice Sanjiv Khanna and Hon'ble Mr. Justice S.V.N. Bhatti, granted bail to Benoy Babu based on the circumstances, including his role as a prosecution witness, lack of accusations against him in the charge sheet, and the period of incarceration already endured. The order provided relief to Benoy Babu in the specific Complaint Case No. 31 of 2022, emphasizing that the observations made were limited to the appeal's disposal and not indicative of the case's merits.
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