Iqbal Ibrahim Kaskar@ Iqbal Hasan Sahikh Ibrahim v. Union Of India

908.BA.637.25.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 637 OF 2025 Iqbal Ibrahim Kaskar @ Iqbal Hasan Shaikh Ibrahim .. Applicant

Versus

Union of India .. Respondent ....................

 Mr. Tabish Mooman a/w. Mr. Varun Shivhare and Ms. Varsha Gangwane, Advocates for Applicant.

 Ms. Manisha Jagtap, Special PP for Respondent - Union of India. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 29, 2025.

P.C.:

1.

Heard Mr. Mooman, learned Advocate for Applicant and Ms. Jagtap, learned Special PP for Respondent - Union of India. 2.

Applicant is incarcerated in prison for the past more than 3 years in the offence under the Prevention of Money Laundering Act, 2002 (for short 'PMLA Act').

3.

Mr. Mooman, learned Advocate for Applicant would draw my attention to the fact that in so far as the predicate offence is concerned which was registered under C.R.No.I-190 of 2017, Applicant before the Court has been acquitted in that offence by judgment dated 25.04.2025 which has been passed on the last Friday. Copy of the said judgment is placed before me. I have perused the said judgment. Copy of the said judgment is handed over to Ms. Jagtap,

908.BA.637.25.doc learned Special PP for Respondent No.1 - Union of India. 4.

Once the Applicant is acquitted in the predicate offence, incarceration of the Applicant in PMLA Act which emanates from the same predicate offence becomes redundant.

5.

Ms. Jagtap would submit that she was not aware about passing of the acquittal judgment and would have to take appropriate instructions as also file her Affidavit-in-Reply, if any. Considering the judgment which has been passed by the learned Trial Court in the predicate offence, Ms. Jagtap is directed to take appropriate instructions and file Affidavit-in-Reply, if any, on or before the next date to enable the Court to consider passing appropriate orders in the present Bail Application.

6.

Prima facie it is seen that in so far as the predicate offence is concerned, Applicant was in custody for the past 8 years including the custody in the PMLA offence.

7.

Considering long incarceration of the Applicant, Application for bail of Applicant shall be considered by the Court which shall be noted by the prosecution.

8.

List the Bail Application on Board on 2nd May 2025. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.04.29 14:49:47 +0530 AJAY TRAMBAK UGALMUGALE