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Bombay High CourtBA/906/2025allowed

Ali Asgar Parvez Shirazi v. Directorate Of Enforecement And ANR

2025-04-02Hon'Ble Shri Justice Milind N. Jadhav3 pages

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. 906 OF 2025 Ali Asgar Parvez Shirazi .. Applicant

Versus

Directorate of Enforecement and Anr.

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

 Mr. Sandeep Karnik a/w Mr. Swaraj Sable and Mr. Raju Mandal i/b Mr. Abhishek More, Advocates for Applicant.

 Mr. Hitendra J. Dedhia, APP for State.

...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 02, 2025 P. C.

:

1.

Heard Mr. Karnik, learned Advocate for Applicant and Mr. Dedhia, learned APP for State.

2.

When the matter is called out there is no Advocate / Counsel is present on behalf of Respondent No.1. 3.

Mr. Karnik, learned Advocate for Applicant has placed before the Court the order dated 05.03.2025. He would persuade the Court to consider two submissions for enlarging Applicant on bail; firstly he would submit that present offence being a special offence under the PMLA Act has been invoked due to implication of the Applicant in predicate offence; Secondly, he would submit that insofar as the predicate offence is concerned Applicant has been discharged

therein by order dated 21.03.2025 copy of which is placed on record. I have perused the same.

4.

It is prima facie observed by the learned Advocate for Applicant that there is no sufficient material to frame charges against the Applicant and he deserves to be discharged. Adequate reasons have also been given in the order dated 21.03.2025. Mr. Karnik would therefore persuade the Court to consider the same for allowing present application. That apart he would submit that incarceration of the Applicant in the predicate offence under the Special Act is almost 23 months and hence he would persuade the Court to consider aforesaid submissions for grant of bail.

5.

I have heard Mr. Karnik and perused the record of the case. I am informed that Mr. Yadav, learned Special Public Prosecutor is appointed to represent and espouse the cause of Respondent No.1 in the present matter apart from learned APP. He is directed to remain present on the next adjourned date.

6.

Considering the above submissions Applicant has prima facie made out a case for grant of bail. Learned Prosecutor appearing in the matter shall ascertain the veracity of the submissions made by Mr. Karnik and apprise the Court on the next adjourned date. Only after hearing the learned prosecutor Application shall be decided.

7.

Stand over to 23rd April, 2025. To be listed on the 'Supplementary Board'.

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