Appasaheb Ramchandra Deshmukh v. Directorate Of Enforcement And ANR

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1355 OF 2023 Appasaheb Ramchandra Deshmukh ..Applicant.

Versus

Directorate of Enforcement & Anr.

..Respondents __________ Mr. Vaibhav R. Gaikwad for Applicant.

Mr. Shreeram Shirsat a/w. Shekhar Mane a/w. Ms. Tanvi Mate for Respondent No.1.

Mr. Arfan Sait, APP for State/Respondent No.2. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 2 NOVEMBER 2023 PC :

1.

This application is filed for directions to the learned Additional Sessions Judge (Special Court under PMLA), Mumbai, to decide the Bail Application No.492 of 2022 in ECIR No. ECIR/MBZO-II/31/2021, expeditiously.

2.

Heard Mr. Vaibhav Gaikwad, learned counsel for the Applicant, Mr. Shreeram Shirsat, learned counsel for the Respondent No.1 and Mr. Arfan Sait, learned APP for the State/Respondent No.2.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.11.06 15:17:56 +0530 VINOD BHASKAR GOKHALE

3.

Both the learned counsel informed the Court that the charge-sheet is filed and the present applicant is the accused No.6 in that case. Learned counsel for the applicant invited my attention to the roznama which mentions that the applicant' s counsel had concluded his argument on 17.04.2023. Learned Special P. P. was heard on 03.05.2023. The roznama dated 06.05.2023 mentions that the matter was adjourned for passing orders on bail application of the present applicant. The further roznama dated 15.06.2023 mentions that the dictation was going on. The said position is continued till today. The latest roznama dated 01.11.2023 produced by the learned counsel for the Respondent No.1 mentions that the dictation of the order could not be completed and the matter is now adjourned to 09.11.2023. 4.

Considering these dates and the roznamas, the grievance of the applicant is justified. The learned Trial Judge needs to complete the dictation of the order as early as possible. The arguments were concluded in the month of May 2023 itself. Till today, the order is not available. It being a bail application and since the applicant, who is a senior citizen aged 63 years, is in

custody since 16.06.2022, sufficient urgency needs to be shown by the learned Trial Judge.

5.

In this view of the matter, this Court expresses hope and trust that the learned Trial Judge completes the dictation and passes the order, as early as possible, and in any case, not later than two weeks from today.

6.

With these observations, the application is disposed of. (SARANG V. KOTWAL, J.)