9911796707
TMI Blog2023 (8) TMI 904X X X X Extracts X X X X X X X X Extracts X X X X ..... he way of this Court independently considering the correctness of the impugned judgment. It is true that the interpretation given by the High Court to Section 45 of the PMLA, 2002 is not in tune with the law laid down by this Court. But, it is made clear that the interpretation given by the High Court in the impugned judgment to Section 45 is not correct. The respondent is still in custody in connection with the predicate offence. Therefore, at least as on date, the question of the respondent being a flight risk does not arise. As to what happens to the bail application moved by him in the predicate offence, as and when it comes up for hearing, will at present be a matter of guesswork. In any case, by directing the respondent to surre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , for offences punishable under Sections 409, 420 read with Section 120B of the Indian Penal Code, 1860. The respondent was arrested on 10.10.2019 in connection with the FIR for the predicate offence and was arrested on 12.12.2019 in connection with the ECIR. By the judgment impugned herein, the High Court granted bail, to the respondent, forcing Enforcement Directorate to come up with this Special Leave Petition. In the Special Leave Petition, this Court ordered notice on 31.07.2020 along with an order of status quo with respect to the release of the respondent. This Court also made it clear that the impugned judgment shall not be treated as a precedent in any other case. As a consequence, the respondent continues to be in jail, fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make it clear that the interpretation given by the High Court in the impugned judgment to Section 45 is not correct. Insofar as the third objection is concerned, the respondent is still in custody in connection with the predicate offence. Therefore, at least as on date, the question of the respondent being a flight risk does not arise. As to what happens to the bail application moved by him in the predicate offence, as and when it comes up for hearing, will at present be a matter of guesswork. In any case, by directing the respondent to surrender his passport, the said apprehension can also be taken care of. It is stated that the passport is already surrendered. Therefore, in fine, we are of the view that the continued incarceration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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