9911796707
TMI Blog2024 (12) TMI 1459X X X X Extracts X X X X X X X X Extracts X X X X ..... id aspect to the Court. Perhaps what the learned Judge intended to was that when the Public Prosecutor is satisfied that the trial has been delayed on account of default or conduct on the part of Enforcement Directorate, the Public Prosecutor should take a fair stand. However, the aforesaid observations will not prevent Public Prosecutors from opposing a bail petition on the ground that act or omissions on the part of Enforcement Directorate are not responsible for the delay of trial. Therefore, this order cannot be read to mean that the Public Prosecutors are not entitled to oppose the bail petitions. Conclusion - Undue delay in trial proceedings, particularly without charges being framed, can justify granting bail. Application disposed of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trial is not likely to commence as even charges have not been framed. Therefore, in the facts of the case and in view of the undertakings furnished by the appellants, what is held in paragraphs 25 to 28 of the decision of this Court in the case of V. Senthil Balaji versus The Deputy Director, Directorate of Enforcement, [2024 INSC 739], will have to be followed and the appellants will have to be enlarged on bail. 6. Accordingly, the appeals are allowed. The Special Court shall enlarge the appellants on bail on appropriate terms and conditions including condition of abiding by the undertakings furnished by them. 7. We make it clear that if the hearing of the complaint is delayed due to any act or omission on the part of the appellants, it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Directorate are not responsible for the delay of trial. Therefore, this order cannot be read to mean that the Public Prosecutors are not entitled to oppose the bail petitions. We may also note that the Enforcement Directorate or its Director can give instructions to a Public Prosecutor on facts of the case. However, Enforcement Directorate or its Director cannot give any directions or instructions to the Public Prosecutor about what he ought to do or ought not to do before the Court as an officer of the Court. 10. Accordingly, paragraph 7.20 stands clarified. It is obvious there is no requirement on the part of Director of Enforcement Directorate to issue directions as contemplated in paragraph 7.20. 11. I.A. is according disposed of. 12. P ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
