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Bombay High CourtAPPLN/713/2017others disposed off

S. Kothandaraman V. Srinivasan v. Directorate Of Enforcement And ANR

2018-01-31Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 30-appln.713-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.713 OF 2017 S. Kothandaraman V. Srinivasan vs. Directorate of Enforcement and anr. WITH CRIMINAL APPLICATION NO.714 OF 2017 Omprakash V. Bundellu vs. Directorate of Enforcement and anr. Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nitin Pradhan wirth Yogesh Jaybhave for the Applicants. Mr. S.S.Hulke, APP. for the State.

Mr. H.S. Venegaonkar for the Intervener.

CORAM : A.S.GADKARI, J.

DATE :

31st January, 2018 P.C.

1.

The applicant in Application No.713/2017 is accused No.8 and the applicant in Criminal Application No 714/2017 is accused No.7 in PMLA Case No.7/2017. The Trial Court while releasing the applicants on bail has imposed condition No.(iv) which reads as under:-. "(iv) The applicant shall also provide mobile number of his two blood relatives."

2.

The learned counsel for the applicant submitted that the Special Court apart from the said condition has also imposed various conditions upon the applicants such as heavy bail amount with solvent sureties etc. He submitted that the said condition of providing mobile numbers of two blood relatives is an onerous condition. He submitted that even the

Nalawade A.S.

2 /2 30-appln.713-17 Criminal Manual prescribed by the High Court does not contemplate imposition of such a condition. He therefore, submitted that the said a condition may suitably be modified.

3.

Mr. Venegonkar, learned Special PP fairly submitted that this Court may pass appropriate order in the interest of justice. 4.

After perusing the order dated 2.11.2017 it is clear that the Trial Court has imposed various conditions upon the applicants while releasing them on bail and the said condition of providing mobile numbers of two blood relatives appears to be very harsh condition and needs interference by this Court.

In view thereof, the said condition imposed upon the applicants is waived. It is made clear that the other conditions imposed therein are not disturbed and are maintained.

5.

Applications are allowed in the aforesaid terms. (A.S. GADKARI, J.)