Supreme Court - Daily Orders
Jignesh Kishorebhai Bhajiawala vs The State Of Gujarat on 15 December, 2017
Bench: J. Chelameswar, Sanjay Kishan Kaul
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2184 OF 2017
(Arising out of SLP (Crl.) No(s).6341/2017)
JIGNESH KISHOREBHAI BHAJIAWALA APPELLANT(S)
VERSUS
STATE OF GUJARAT & ANR. RESPONDENT(S)
O R D E R
Leave granted.
In writ petition (Criminal) No. 67 of 2017 (Nikesh Tarachand Shah Vs. Union of India & Anr.) decided on 23-11-2017, the following operative directions were passed:-
“Regard being had to the above, we declare Section 45 (1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India. All the matters before us in which bail has been denied, because of the presence of the twin conditions contained in Section 45, will now go back to the respective Courts which denied bail. All such orders are set aside, and the cases remanded to the respective Courts to be heard on merits, without application of the twin conditions contained in Section 45 of the 2002 Act.
Considering that persons are languishing in jail and that personal liberty is involved, all these matters are to be taken up at the earliest by the respective Courts for fresh decision. The writ petitions and the appeals are disposed of accordingly.” Signature Not Verified In view of the aforesaid, the present matter is also liable to Digitally signed by DEEPAK MANSUKHANI Date: 2017.12.18 14:24:43 IST be remitted back for consideration in terms of the aforesaid. Reason: 2 The appeal is disposed of accordingly.
…....................J. [ J. CHELAMESWAR ] …....................J. [ SANJAY KISHAN KAUL ] NEW DELHI DATED; DECEMBER 15, 2017 3 ITEM NO.46 COURT NO.2 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 6341/2017 (Arising out of impugned final judgment and order dated 12-06-2017 in CRLMA No. 7970/2017 passed by the High Court Of Gujarat at Ahmedabad) JIGNESH KISHOREBHAI BHAJIAWALA Petitioner(s) VERSUS THE STATE OF GUJARAT & ANR. Respondent(s) Date : 15-12-2017 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Dhruv Mehta, Sr. Adv.
Ms. Monisha Handa, Adv.
Mr. Bhagirath N. Patel, Adv. Mr. Mohit D. Ram, AOR For Respondent(s) Ms. Pinky Anand, ASG Mr. A.K. Panda, Sr. Adv.
Ms. Binu Tamta, Adv.
Mr. P.K. Mullick, Adv.
Ms. Snidha Mehra, Adv.
Mr. Devashish Barukha, Adv. Mr. B. Krishna Prasad, AOR Ms. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv.
Ms. Mamta Singh, Adv.
Ms. Shodhika Sharma, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(DEEPAK MANSUKHANI) (RAJINDER KAUR)
AR-cum-PS Court Master
(Signed order is placed on the file)