PARVINDER SINGH KHURANA Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Leave granted.

(2.) The issue involved in these appeals concerns the power of the High Court or Sessions Court to grant an interim order of stay of operation of an order granting bail till the disposal of the application for cancellation of bail under sub­Sec. (2) of Sec. 439 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC'). Sub­Sec. (3) of Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') is the corresponding provision of sub­sec. (2) of Sec. 439 of the CrPC. The same issue arises in other proceedings adopted for challenging an order of grant of bail.

(3.) On 1/12/2020, the Central Bureau of Investigation registered a crime against two companies and two individuals for the offences punishable under Sec. 120­B read with Sec. s 420,467,468 and 471 of the Indian Penal Code and Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988. The subject matter of offence, inter alia, was the loan account of Jay Polychem India Ltd. On 23/2/2021, the respondent Enforcement Directorate registered an Enforcement Case Information Report (ECIR) for an offence punishable under Sec. 4 of the Prevention of Money Laundering Act (for short, 'the PMLA'). Eleven persons were shown as accused in ECIR. However, the appellant was not shown as an accused. On 30/10/2021, the respondent filed a complaint before the Special Court under Sec. 44(1)(b) of PMLA. Even in the complaint, the appellant was not shown as an accused. From 31/10/2020 to 20/1/2023, the respondent called the appellant for investigation several times. Though the appellant cooperated, on 20/1/2023, the appellant was arrested.