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Supreme Court - Daily Orders

Amit Kumar Agarwal vs Directorate Of Enforcement on 16 December, 2022

Author: M.M. Sundresh

Bench: M.M. Sundresh

                                                     1

     ITEM NO.38                              COURT NO.8                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).    11850/2022

     (Arising out of impugned final judgment and order dated 30-11-2022
     in WPCR No. 517/2022 passed by the High Court of Jharkhand at
     Ranchi)

     AMIT KUMAR AGARWAL                                                 Petitioner(s)

                                                    VERSUS

     DIRECTORATE OF ENFORCEMENT & ANR.                                  Respondent(s)

     (FOR ADMISSION and I.R. and IA No.189943/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.189944/2022-EXEMPTION FROM
     FILING O.T. )

     Date : 16-12-2022 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SANJIV KHANNA
                             HON'BLE MR. JUSTICE M.M. SUNDRESH


     For Petitioner(s)
                                       Mr. Mukul Rohatgi, Sr. Adv.
                                       Mr. Arvind Nigam, Sr. Adv.
                                       Mr. Keshav Segal, Adv.
                                       Ms. Ranjeeta Rohatgi, AOR

     For Respondent(s)
                                       Mr. Suryaprakash V Raju, ASG
                                       Mr. Zoheb Hossain, Adv.
                                       Ms. Kanu Agrwal, Adv.
                                       Mr. Annam Venkatesh, Adv.
                                       Mr. Mukesh Kumar Maroria, AOR


                              UPON hearing the counsel, the Court made the following
                                                 O R D E R
Signature Not Verified

Issue notice, returnable in the month of March 2023 Digitally signed by BABITA PANDEY Date: 2022.12.16 17:53:22 IST Reason: Mr. Mukesh Kumar Maroria, has accepted notice on behalf of the respondent. Reply/counter will be filed within 6 weeks, Rejoinder within 4 weeks after service of counter/reply.

2

It is pointed out that Mr. Rajeev Kumar, the co-accused, has been granted bail. Learned Additional Solicitor General on instructions states that the said order is being challenged.

In the context of the present case, for the time being, we direct that the petitioner – Amit Kumar Agarwal will be released on interim bail on terms and conditions which will be fixed by the trial court. The petitioner – Amit Kumar Agarwal will provide one mobile phone number on which he can be contacted by the authorities to ascertain his whereabouts, while he is on interim bail. The petitioner will also deposit his passport in the trial court and will not leave India without permission of the Court. The petitioner– Amit Kumar Agarwal will also appear in the office of the Directorate Enforcement as and when summoned. We clarify that this order is not a comment on the merits of the order granting bail to Rajeev Kumar.

    (BABITA PANDEY)                                        (R.S. NARAYANAN)
   COURT MASTER (SH)                                     COURT MASTER (NSH)