Kishore Bisure v. Directorate Of Enforcement And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4859 OF 2024 IN BAIL APPLICATION NO. 4055 OF 2024 WITH BAIL APPLICATION NO. 4055 OF 2024 Kishore Bisure ...

Applicant

Versus

The Directorate of Enforcement & Anr.

...

Respondents ****** Mr. Niranjan Mundargi a/w Ms. Keral Mehta and Sumit S. Erande i/by Subir U. Sarkar for the Applicant.

Mr. H. S. Venegaonkar for Respondent No.1-ED. Mr. Tanveer G. Khan, APP for Respondent No.2-State. ****** CORAM: MANISH PITALE, J.

DATE : 4th DECEMBER 2024 P.C. :

.

In the present case, while the bail application is pending and it is to be listed in January 2025, the present interim application has been moved on behalf of the applicant, seeking temporary bail for limited period, in order to attend the wedding and related ceremonies and functions of his daughter.

2.

In the application, the applicant has specifically stated as follows :

"5) The applicant has a daughter named Ms. Titiksha Bisure. She is due to get married in December 2024. The Applicant's family is leaving for Bagalkot, Karnataka on 10-12-2024 at

around 9.20 pm by train from Mumbai. The Engagement and Sangeet functions are to be held on 11-12-2024 at Bagalkot, Karnataka. The Muhurat and Wedding functions are to be held on 12-12-2024 at Bagalkot, Karnataka. The Applicant's family members leave from Bagalkot by train on 13-12-2024 at 4.45 pm and reach Mumbai on 14-12-2024 early morning at 5.10 am. Further the Reception is due to be held on 16-122024 in Mira Road, Thane. Hereto annexed and marked as EXHIBIT 'A - Colly' is a copy of the weeding invitation card along with the train tickets of the family members to and from Bagalkot, Karnataka."

3.

The above quoted portion of the application, which is supported by relevant documents, indeed indicates that the applicant has to attend the aforesaid ceremonies and functions and he would require temporary bail for limited period. 4.

The learned counsel appearing for respondent No.1Directorate of Enforcement, on instructions, submits that the said respondent does not have objection to such temporary bail for limited period being granted to the applicant, subject to appropriate conditions being imposed. The learned counsel for respondent No.1 has tendered a printout of the message received, giving such instructions, which is taken on record and marked 'x'. 5.

At this stage, the learned counsel for the applicant, on instructions, submits that in order to show the bonafides of the applicant, the passport of the son of the applicant can be deposited with the office of the respondent No.1, till such time, as the applicant surrenders upon the duration of the temporary bail expiring. It is also indicated that when the applicant is in Mumbai

for the wedding and reception between 13th December 2024 and 16th December 2024, he could even report to the office of respondent No.1.

6.

In view of the above, the applicant is granted temporary bail for limited period, in the following terms :

(a) The applicant shall be released on temporary bail in connection with E.C.I.R. No. ECIR/MBZO-I/63/2022 registered with Enforcement Directorate, Mumbai Zonal Office-I, on 9th December 2024 and he shall remain on such temporary bail till 17th December 2024.

(b) The applicant's son i.e. Dhaval Kishore Bisure shall deposit his passport with the office of respondent No.1ED on or before 8th December 2024. The said passport shall be returned back to the applicant's son immediately upon the applicant surrendering to judicial custody on 17th December 2024.

(c) The applicant shall report to the office of respondent No.1-ED on 15th December 2024 between 10:00 a.m. and 11:00 a.m.

(e) The applicant shall surrender on 17th December 2024 by 11:00 a.m.

(f) The applicant, upon being released on temporary bail, shall not tamper with the evidence of the prosecution

and he shall not influence the informant, witnesses or any other persons concerned with the case.

7.

Needless to say, in case of violation of any of the aforesaid conditions, the temporary bail granted to the applicant shall be liable to be cancelled.

8.

The application is disposed of.

9.

List the bail application on 18th December 2024, only to verify whether the applicant has complied with the aforesaid conditions.

MANISH PITALE, J.

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.12.04 18:03:58 +0530