Directorate Of Enforcement vs State Of Maharashtra And Anr on 11 August, 2022
In the order passed by this
Court on 10.06.2022 in the case of Nawab Malik (supra) in
paragraph 5 it has been observed that considering the fact
that prayer was sought for release on bond, the matter for
release of the applicant therein would pertain to the court
having assignment of bail. The release on bond efected in
the present case is covered by provision of Section 445 of
Cr.P.C. In the aforesaid it is observed that the release on
bond is contemplated under section 439 of Cr.P.C. Learned
counsel for the applicants contended that the order dated
10.06.2022 can be distinguished. In that case in the
application before the Lower Court preferred by the said
petitioner the title of the application was for bail and the
prayer sought in that application was also for bail. Learned
counsel for the respondent however urged that the counsel
for petitioner rightly mentioned matter before the Court
having assignment of bail and this Court shall not entertain
this application for want of assignment of hearing such
application. In any case, it is seen that the order which is
under challenge in the present application relates to release
of respondents from custody on PR bonds and surety. In
Ethape 8 43-APL-737-2022.doc
these circumstances, without making any observation on
the merits of this case, I am of the opinion that this matter
will have to be heard by the Court having assignment of
bail. The petitioners are at liberty to move appropriate
Court.