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Bombay High CourtBA/728/2025dismissed

Nagani Akram Mohammad Shafi v. The Union Of India And ANR

2025-04-23Hon'Ble Shri Justice Amit Borkar2 pages

911_BA_728_2025.docx Prasad Rajput 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. 728 OF 2025 Nagani Akram Mohammad Shafi .. Applicant

Versus

The Union Of India and Anr.

.. Respondents ....................

 Mr. Ajay Laxman Bhise, Advocate for Applicant.  Mr. Aayush Kedia h/f Mr. H.S. Venegavkar, for Respondent - ED. ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 23, 2025 P. C.

:

1.

Heard Mr. Bhise, learned Advocate for Applicant and Mr. Kedia, learned holding Advocate for Mr. Venegavkar, learned PP for Respondent - ED.

2.

Mr. Bhise has read an important issue for consideration. At the threshold he would submit that in absence of amendment to the PMLA to include BNS which writs large on the face of record and is required to be answered by the prosecution.

3.

Mr. Bhise, learned Advocate for Applicant makes a grievance that Respondent has not complied with the previous order till date. By that order considering the indictment of Applicant under the Special Act namely PMLA Act, Respondent - ED who is the

911_BA_728_2025.docx principal contesting party was directed to file Affidavit-in-Reply within a period of two weeks from date of its order. 4.

Mr. Kedia enters appearance on behalf of Respondent - ED and would seek extension of time to file Affidavit-in-Reply. Mr. Bhise would oppose the request made by Mr. Kedia stating that unduly long period of time has been consumed by the Respondent without adhering to the order of the Court.

5.

Mr. Kedia assures that Affidavit-in-Reply will be filed within a period of one week from today. Prosecution shall take into consideration the submissions made by Mr. Bhise which are delineated hereinabove and resort by the prosecution to Section 8 of the General Clauses Act justifying prosecution case against Applicant in their Affidavit-in-Reply. Let the Affidavit-in-Reply be filed within a period of one week from today with an advance copy of the same duly served on the Advocate for Applicant.

6.

Stand over to 7th May, 2025.

P.R. Rajput [ MILIND N. JADHAV, J. ]