9911796707
TMI Blog2022 (3) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... proper to suspend/stay the said order for such a long time of three weeks by making the order fruitless. Same will cause hardship to the applicant, who is held entitled on merit for the liberty. Already stringent conditions with heavy bail of ₹ 30 lakhs has been directed against the accused No.5. It is necessary to note that, accused No.5 was previously on temporary bail on medical grounds a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide say filed by Ld. Adv. Mr. Subhash Jadhav, pointing out by recent observations made by the Hon'ble High Court in the case of Naresh Ramniklal Gaur Vs. Union of India through SP, NIA, Mumbai, (Writ Petition No.4677/2021 decided on 08.12.2021). 3. Heard Ld. S.P.P Mrs. Kavita Patil and Ld. Sr. Counsel Mr. Abad Ponda. 4. Today order below Exh.82 was passed on merit by exhaustive discuss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decided on merit touching to all aspects raised by both parties. At last it was concluded on merit that the applicant is entitled to bail. Recently in Naresh Ramniklal Gaur Vs. Union of India through SP, NIA, Mumbai (supra) the Hon'ble High Court in paragraph No.12 held as follows, In so, far as power of the learned Sessions Judge to stay his own order of grant of bail is concerned, in m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of jurisdiction, the petition was perfectly maintainable. That even otherwise, the learned Sessions Judge has not justified the order by recording the reasons in suspending his own order. 6. I arrived at conclusion after detailed examination of the merit of the bail application. I have also held how the case of accused No.5 is qualified under Sec.45(1)(ii) of the PML Act. Once I arrived a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proper. It is not necessary to do so for the given reasons to meet the ends of justice. 7. If the ED wants to prefer an appeal and if the appeal is allowed, certainly the applicant will have to resume jail once again. Even previously, when the Hon'ble Supreme Court declined to continue his temporary bail; accused No.5 surrendered himself to the jail. Therefore, I am not inclined to suspend/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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