High CourtsSingle Bench(2021) 12 BOM CK 0158

Madan Gopal vs Chaturvedi Directorate Of Enforcement And Another

Bombay High Court · Decided on 30 December 2021

HON’BLE JUDGES
Prithviraj K. Chavan, J
CASE NUMBER
Criminal Application No.366 Of 2021

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Judgment

21 paragraphs · 322 words

Prithviraj K. Chavan, J

1.

Heard Mr. Ponda, learned Senior Counsel for the applicant.

2.

When the matter was called out at 10.45 a.m, none appeared on behalf of respondent No.1. The matter was kept back at 12.00 p.m. Mr. Dhotre

holding for Mr. Venegaonkar submits that Mr. Venegaonkar is out of station.

3.

Perused the impugned order passed by the Special Judge under the Prevention of Money Laundering Act dated 18th December, 2021 by which the

applicant has been directed to surrender before the Court on 3rd January, 2022 at sharp 1.30 p.m.

4.

This Court by an order dated 15th December, 2021 observed thus;

P.C.:-

1] Not on board. Mentioned. By consent taken on board.

2] Heard Mr. Ponda, learned Senior Counsel for the Applicant and Mr. Venegaonkar for the Respondent.

3] Considering the medical emergency as cited, interim protection ordered by the court below on 02.12.2021 is extended by 72 hours from

today. In the meantime, it shall be open for Applicant to approach the Special Court, seeking extension of bail on medical ground. If such

prayer is taken out, the Special Court is directed to decide the same expeditiously without being influenced by earlier findings, in

accordance with law. It is made clear that in case if no such prayer is taken out before the Special Court, interim protection shall cease to

exist after seventy two hours from today.

4] Applicant shall continue to comply with rest of the conditions as are enumerated in the order dated 02.12.2021 passed by the Special

Judge under PML Act.

5] Application is disposed of in the aforesaid terms"".

5.

Since there is no opposition by the respondents to the limited prayer made herein on behalf of the applicant, protection granted by the trial Court

only in view of clause (iv) of the order dated 18th December, 2021 shall stand extended till 6th January, 2022.

6.

Stand over to 3rd January, 2022.