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Bombay High CourtBA/35/2021allowed

Anil O. Khandelwal v. Union Of India

2021-02-16Hon'Ble Shri Justice Prakash D. Naik2 pages

31- Ba-35-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 35 OF 2021 Anil O. Khandelwal ... Applicant

Versus

Union Of India ... Respondent .....

Mr. SSB Legal And Advisory, Advocate for the Applicant. Mr. H. S. Venegavkar, Special P. P. for Union of Indian-Respondent No.1.

Mrs. M. R. Tidke, APP for the Respondent - State. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

16th FEBRUARY, 2021 PER COURT :

1.

Learned counsel for the applicant on instruction seeks permission to withdraw this application. It is submitted that the application was rejected by the Sessions Court vide order dated 9th December, 2020. It is submitted that the complaint under the provisions of Prevention of Money-laundering Act (for short "PMLA") was filed subsequently. Although there is reference of complaint being filed in the order of Special Court while adjudicating the application for bail, the applicant had no access to said complaint and connected documents. Hence, applicant may be permitted to withdraw this application with liberty to prefer fresh application for Manish S. Thatte Manish S. Thatte Date: 2021.02.18 17:08:50 +0530 bail before PMLA Court with direction to the Special Court to Sajakali Jamadar

31- Ba-35-2021.doc consider it without being influenced by previous order. 2.

In view of submission, the application is allowed to be withdrawn with liberty to prefer fresh application for bail before the PMLA Court. Learned Judge shall consider the fresh application in accordance with law by taking into consideration the fact that applicant had no access to complaints and its documents while adjudicating previous application. This Court has not dealt with the merits of case and all issues are kept open.

3.

Secretary/Personal Assistant of this Court. All concerned will act on (PRAKASH D. NAIK, J.) Sajakali Jamadar