Abhay Narendra Lodha v. Directorate Of Enforcement And ANR.

910_BA_2838_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2838 OF 2024 Abhay Narendra Lodha ...

Applicant vs.

Directorate of Enforcement and another ...

Respondents Mr. Saurabh Kirpal, Senior Advocate, a/w. Mr. Niranjan Mundargi, Mr. Ameet Naik, Ms. Neena Nagpal, Ms. Yugandhara Jha, Mr. Aditya Ajgaonkar, Mr. Abhishek Kale, Mr. Harish Khedkar and Ms. Shalvika Nachankar, i/b. Naik Naik and Company for applicant.

Ms. Rutuja Anil Ambekar, APP for respondent No.2-State. CORAM : MANISH PITALE, J.

DATE :

19th JULY, 2024 P.C. :

.

Mr. Kirpal, learned senior counsel appearing for the applicant informs this Court that the respondents have been served with the papers, although the affidavit of service is not on record. Affidavit of the service is tendered and the same is taken on record. There is no appearance on behalf of the contesting respondent No.1 i.e. Directorate of Enforcement. 2.

The learned senior counsel for the applicant invites attention of this Court to the operative portion of the order dated 27.06.2024, passed by the Special Court, whereby the application of the applicant was partly allowed. Digitally signed by PRIYA KAMBLI Date:

2024.07.19 18:32:29 +0530 PRIYA KAMBLI 3.

He submits that certain conditions in the said order deserve to be either modified or waived, considering the medical condition of the applicant and he submits that direction to surrender before the Court after completion 1/2

910_BA_2838_24.doc of one month after his release, would worsen the condition of the applicant, as taking him into custody would be detrimental to his health. 4.

Considering the material on record, this Court is of the opinion that till the respondents enter appearance and file their reply affidavits, the interim medical bail granted by the Special Court can be extended. The contention pertaining to the modification or waiver of certain conditions can be taken into consideration after the respondents put in their appearances. 5.

In view of the above, issue notice to the respondents, returnable on 13.08.2024, High on Board.

6.

In the meanwhile and till the next date of listing, the interim medical bail granted by the Special Court, shall continue to operate on the conditions specified in the order dated 27.06.2024, except condition No.13. 7.

Respondents may file their reply affidavits within two weeks from today.

8.

List for further consideration on 13.08.2024, High on Board. (MANISH PITALE, J) Priya Kambli 2/2