Supreme Court - Daily Orders
Paras Kumar Bansal vs Enforcement Directorate Through ... on 28 August, 2023
Bench: Abhay S. Oka, Pankaj Mithal
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.___________ OF 2023
(ARISING OUT OF S.L.P. (CRIMINAL) NO. 8161 OF 2023)
PARAS KUMAR BANSAL APPELLANT(s)
VERSUS
ENFORCEMENT DIRECTORATE RESPONDENT(s)
O R D E R
Leave granted.
The second supplementary complaint after investigation has already been filed. During the course of the investigation, the appellant was not arrested though his statement was recorded.
Hence, a case is made out to grant pre-arrest bail to the appellant. Accordingly, we direct that in the event of arrest, the appellant shall be enlarged on bail on such terms and conditions as may be deemed proper by the competent court.
We, however, make it clear that in the event, the appellant fails to appear before the competent court, which results into delay in commencement and/or conclusion of the trial, it will always be open for the respondent to apply for cancellation of the protection granted to the appellant.
We also make it clear that the appellant shall remain present before the competent court on each and every date, unless specific exemption is granted to him.
In view of the aforesaid direction, the warrant issued against Signature Not Verified Digitally signed by the appellant shall not be executed. Deepak Guglani Date: 2023.08.29 09:24:55 IST Reason: S.L.P. (CRIMINAL) NO. 8161 OF 2023 Page 1 In the above terms, the Appeal is allowed.
Pending application(s) stands disposed of.
..........................J. (ABHAY S.OKA) ..........................J. (PANKAJ MITHAL) NEW DELHI;
August 28, 2023.
S.L.P. (CRIMINAL) NO. 8161 OF 2023 Page 2
ITEM NO.12 COURT NO.7 SECTION II-A
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). 8161/2023
(Arising out of impugned final judgment and order dated 29-03-2023 in CRM No. 27292/2022 passed by the High Court of Judicature at Patna) PARAS KUMAR BANSAL Petitioner(s) VERSUS ENFORCEMENT DIRECTORATE Respondent(s) Date : 28-08-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Syed Ahmed Saud, Adv.
Mr. Mohd. Parvez Dabas, Adv.
Mr. Daanish Ahmed Syed, Adv.
Mr. Uzmi Jameel Husain, Adv.
Mr. Aqib Baig, Adv.
Mr. Mohd. Shahib, Adv.
M/S. Shakil Ahmad Syed, AOR For Respondent(s) Mr. S.V. Raju, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Zoheb Hussain, Adv.
Mr. Annam Venkatesh, Adv.
Ms. Sairica Raju, Adv.
Mr. Arkaj Kumar, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
A case is made out to grant pre-arrest bail to the appellant. Accordingly, this Court directed that in the event of arrest, the appellant shall be enlarged on bail on such terms and conditions as S.L.P. (CRIMINAL) NO. 8161 OF 2023 Page 3 may be deemed proper by the competent court.
In the event, the appellant fails to appear before the competent court, which results into delay in commencement and/or conclusion of the trial, it will always be open for the respondent to apply for cancellation of the protection granted to the appellant.
The appellant is directed to remain present before the competent court on each and every date, unless specific exemption is granted to him.
In view of the aforesaid direction, the warrant issued against the appellant shall not be executed.
In the above terms, the Appeal is allowed in terms of the signed order.
Pending application(s) stands disposed of.
(ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
[THE SIGNED ORDER IS PLACED ON THE FILE] S.L.P. (CRIMINAL) NO. 8161 OF 2023 Page 4