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2024 (6) TMI 397

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..... dv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Ms. Raavi Sharma, Adv JUDGMENT ABHAY S. OKA, J. 1. Leave granted. 2. We have heard the learned Additional Solicitor General for the appellants and the learned senior counsel appearing for the first respondent. 3. The first respondent is the writ petitioner, 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 C .....

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..... ve the jurisdiction of the Special Court Mumbai without prior permission of that Court; shall not tamper with the prosecution witnesses and the evidence, shall not tamper with the prosecution witnesses and the evidence; shall co-operate with the investigating officer in the investigation of the offence registered against the petitioner and, shall make himself available before 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 .....

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..... at part of the impugned order by which bail was granted. 9. We permit the first respondent to move the roster Bench by filing an application for interim relief/grant of bail. Such application shall be entertained by the High Court, only after the first respondent surrenders. We grant time of two weeks to the first respondent to surrender. If such an application is made by the first 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 fir .....

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