BIMAL KUMAR JAIN Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) These application(s) are filed under Section 482 Cr.P.C. to recall the observations made in paras no.19and 20 of the order dated 30.07.2021 and/or to clarify the same, as such observations are prone to be misconstrued and may result in a miscarriage of justice being contrary to several judgments rendered by the Co-ordinate Bench of this Court, clearly laying down the ratio decideni that neither have the twin conditions for bail under Section 45 of PMLA revived after having been declared as unconstitutional by the Supreme Court in Nikesh Tarachand Shah vs. Union of India and Anr. (2018) 11 SCC 1.

(2.) The learned senior counsel for the petitioner says it is an application not for recalling of the order but of observations made in para nos.19 and 20 of the bail order.

(3.) Paras 19 and 20 of the order dated 30.07.2021 passed in BAIL APPLN.112/2021 and BAIL APPLN.122/2021 are as under: