MADANLAL MANEKCHAND JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present successive bail application under section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') read with section 45 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PML Act'), the applicant has prayed to release him on regular bail in connection with PMLA Case No.3 of 2014 pending in the Court of learned Designated Judge, Special Court constituted under the provisions of PML Act arising from File No.ECIR/01/SRT/2014 registered at the instance of the respondent No.2 - the authority appointed under the PML Act for the offences punishable under Section 3 read with Section 4 of the PML Act read with Section 120-B of the Indian Penal Code mainly on the ground that the rigors of Section 45 of the PML Act have been interpreted by the Division Bench of the Hon'ble Punjab and Haryana High Court by a decision dated 11.5.2016 rendered in the case of Gorav Kathuria v. Union of India and others, Criminal Writ Petition No.595 of 2016 as well as on the ground that the applicant is behind bar since April, 2014.

(2.) The brief facts arise from the record are as under:-

(3.) The applicant came to be arrested on 24.7.2014. The applicant preferred an application under Section 439 of the Code being Criminal Misc. Application No.1709 of 2015 in the Court of learned District and Sessions Judge, Ahmedabad (Rural) at Ahmedabad. The learned Sessions Judge and Designated Special Judge, Ahmedabad (Rural) by his judgment and order dated 4.11.2015 rejected the said application. Hence, the applicant preferred Criminal Misc. Application No.22552 of 2015 before this Court and this Court vide order dated 25.2.2016 rejected the said application.