CRIMINAL APPEAL NOs.______ OF 2025
(Arising out of SLP(Crl) Nos. 12656-12657/2023)
AND
CRIMINAL APPEAL NO.______ OF 2025
(Arising out of SLP(Crl ... High
Court has erroneously interpreted Section 436-A of the Criminal
Procedure Code, 19734, which cannot be applied uniformly to heinous
offences and offences which
Article 15-A. merely lifts from the provisions
of the Criminal Procedure Code two of the most
fundamental principles which every civilised country
follows ... clause (2) are already to be found in the Criminal
Procedure Code and therefore probably it might be said
that we are really not making
Shahnawz Ahmed Jeelani Vs. Enforcement Directorate, SLP (Crl.
14173/2023. (Applicant had been in custody for over 1 year, 6 months and
14 days ... intensive and procedurally complex. The process of framing charges, issuing
summons, examining witnesses, recording statements under Section 313 of
the CrPC, and concluding
2015 on 13.07.2015, further
investigation under Section 173 [8], Code of Criminal Procedure , 1973 ['the
CrPC ' or 'the Code ... goes to indicate that
notwithstanding anything contained in the Code of Criminal Procedure , 1973
presently replaced by Bharatiya Nagarik Suraksha Sanhita, 2023 ['the BNSS
maximum permissible period of
14 days om terms of Section 167 Cr.P.C. for the offence under Section
3 of the PMLA ... granted the benefit of bail under Section 439
of the Code of Criminal Procedure 1973 since
the right to an expeditious trial is protected
under
Shahnawz Ahmed Jeelani Vs. Enforcement Directorate, SLP (Crl.
14173/2023. (Applicant had been in custody for over 1 year, 6 months and
14 days ... intensive and procedurally complex. The process of framing charges, issuing
summons, examining witnesses, recording statements under Section 313 of
the CrPC, and concluding
present application under Section 439 of the Code of Criminal
Procedure, 1973 (for short, ' Cr.P.C .') read with Section ... provisions of Sections 437 , 438 , and 439 of the Code of Criminal
Procedure, 1973. A higher threshold is provided in these statutes
for the grant
before the learned Special Judge are at the stage of Section 207
Cr.P.C. proceedings and no charges have been framed therein. He
contended ... nature of the allegations,
should be read into Section 439 Cr.P.C. and
Section 45 of the PMLA.
The Court held that the constitutional
IPC. In
this case, the appellant was not arraigned as an accused.
Subsequently, on a further investigation under Section
173(8) of ... PMLA is a complete code by itself and the provisions of
Cr.PC /BNSS will not apply regarding inquiry/investigation
till filing of a complaint
matter of Pankaj Grover V. ED Criminal Misc. Anticipatory
Bail application under Section 438 Cr.P.C. No. 7661 of 2021, has clearly
held that ... qualify the conditions mentioned in
Section 436A of the Code of Criminal Procedure, 1973 and therefore
cannot take the benefit of the said Section
