9911796707
TMI Blog2024 (6) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... ttedly there was no prayer made by the first respondent for grant of bail on 26.06.2023, the Bench granted bail for releasing the first respondent. Even during the pendency of writ petition, bail was not granted to the first respondent though a prayer for interim relief of grant of bail was made in the petition. Even if such a prayer would have been made on 26.06.2023, the Bench could not have heard the prayer for bail. Only the roster Bench could have heard the same. On that day, the advocate for the first respondent admittedly did apply for bail. Therefore, the appellants were not heard on the prayer for bail. Moreover, bail was granted in an offence under the PMLA without recording any reasons. Bail cannot be granted in such a case only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner, who filed the writ petition in the Bombay High Court for quashing a complaint filed by the Enforcement Directorate under Prevention of Money Laundering Act, 2002 (for short PMLA ). In the writ petition filed by the first respondent, there was no interim relief granted pending the hearing of the petition. 4. The report submitted by the Registrar General of the Bombay High Court records that a roster Bench finally heard the writ petition and on 21.04.2023 and the judgment was reserved. As noted by the Registrar General of the High Court, the roster of the Bench which heard the case of criminal writ petitions for quashing was only upto 04.06.2023 and the same roster was entrusted to another Bench with effect from 05.06.2023 till 20.08.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Special Court as and when required by the Court or the investigating Officer. All questions are kept open. ( Underline added ) 6. The moment the Bench directed that the case was released and it should be heard afresh, the propriety required that the Bench should not have passed any order on merits, as the roster of the writ petition was with another Bench on that day. 7. What is shocking is that after releasing the case, when admittedly there was no prayer made by the first respondent for grant of bail on 26.06.2023, the Bench granted bail for releasing the first respondent. Even during the pendency of writ petition, bail was not granted to the first respondent though a prayer for interim relief of grant of bail was made in the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent, it shall be taken up by the concerned roster Bench and decided by giving necessary priority as expeditiously as possible, considering the fact that now the writ petition will have to be heard afresh. 10. We make it clear that we are not setting aside the order granting bail on merits in the sense that we have not dealt with the issue whether the first respondent is entitled to be released on bail by way of interim relief. The said aspect shall be considered by the High Court while dealing with the application, which may be filed by the first respondent. 11. The appeal is partly allowed on the above terms. 12. There is no reason to entertain the application being I.A. No. 33382 of 2024 for intervention and the same stands dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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