G. K. Solutions Pvt. Ltd. v. Rakesh Brijlal Jain And ORS.

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 734 OF 2014 G.K. Solutions Pvt. Ltd ....Applicant V/s.

Rakesh Brijlal Jain & Ors .

... Respondents ----- Mr. K.S. Patil for applicant.

Mr. S.S. Hulke, APP for State.

Mr. H.S. Venegavkar for Respondent No.2.

------ CORAM : A.S.GADKARI, J.

DATE : 10th JANUARY 2018.

P.C.:

1] This is an application for cancellation of bail granted to the respondent No.1 in MECR No.12 of 2009 registered with Vile Parle Police Station, Mumbai by the Additional Sessions Judge, Greater Mumbai in Bail Application No. 7 of 2014 by its Order dated 10th September 2014. 2] Heard the learned Counsel for the applicant, the learned Counsel for the respective parties and the learned APP. Perused the record. 3] The respondent No.1 is an accused in MECR No.12 of 2009 registered with Vile Parle Police Station, Mumbai at the instance of applicant and the investigation is Ordered by the learned Magistrate under 1/3

Section 156 (3) of the Cr. P.C. for the offences punishable under Sections 406, 418, 420, a20-B of the Indian Penal Code. 4] After the respondent No.1 was granted pre-arrest bail in the said crime, the Investigating Agency has invoked the provisions of Sections 3 and 4 of the Money Laundering Act and the present case bearing No.PMLA No.4 of 2014 is registered. The applicant was subsequently arrested in the present case. That the applicant moved an application for regular bail. In the said application, the learned Special P.P. appeared for the respondent No.2/Dy. Director, Directorate of Enforcement and filed the say of the Investigating Agency. According to the said say, it appeared to the learned Trial Court that the Investigator did not require the custodial interrogation of the respondent No.

1 and therefore the Trial Court was pleased to release the applicant/respondent No.1 on regular bail. 5] The observations made by the Trial Court in its Order dated 10.9.2014 in para-4, are on the basis of the say filed by the learned Special P.P on instructions from the Investigating Agency i.e. Respondent No.2 and therefore the Trial Court was pleased to release the applicant on bail.

passing the impugned Order dated 10th September 2014. Application is accordingly dismissed.

(A.S.GADKARI, J.) 3/3