Bimal Kumar Jain v. Directorate Of Enforcement

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4169/2023 BIMAL KUMAR JAIN ..... Petitioner Through:

Mr.Vikas Pahwa, Sr. Advocate with Mr.Naveen Malhotra and Mr.Ritwik Malhotra, Advocates.

versus DIRECTORATE OF ENFORCEMENT ..... Respondent Through:

Mr.Zoheb Hossain, Spl.counsel with Mr.Vivek Gurnani, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.04.2024 1.

During the course of submissions, Mr.Pahwa, learned senior counsel for the petitioner has contended that though the bail applications were previously rejected twice by this Court, the Supreme Court vide orders dated 04.01.2022 and 27.02.2023 granted liberty to the applicant to review his applications for bail before the trial court. In the latter order, it was also observed that the application be considered irrespective of the observations made by this Court while dismissing the bail applications. He states that the applicant had approached the trial court, however, the bail application has been rejected by simply holding that there was no need to revisit the case facts as the earlier bail applications were rejected and there is no change in circumstance.

2.

At this stage, Mr.Hossain, learned SPP submits that the observations The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 12:55:13

of the Supreme Court in its order dated 27.02.2023 were clear that the bail applications would be heard afresh.

3.

Considering the aforesaid and with the consent of learned counsels for the parties, the impugned order is set aside and the matter is remanded back to the trial court for considering the bail application afresh. 4.

The applicant would be at liberty to raise all such grounds as may be available to him under law. The application as and when filed, be considered expeditiously.

5.

Nothing stated herein shall be construed as an observation on the merits of the case and the bail application shall be considered in accordance with law.

6.

The petition stands disposed of.

7.

dasti.

MANOJ KUMAR OHRI, J APRIL 2, 2024 VLD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 12:55:13