LAWS(GJH)-2018-3-106

PRADEEP NIRANKARNATH SHARMA Vs. DIRECTORATE OF ENFORCEMENT

Decided On March 08, 2018
Pradeep Nirankarnath Sharma Appellant
V/S
DIRECTORATE OF ENFORCEMENT Respondents

JUDGEMENT

(1.) By way of the present successive bail application under Section 439 of the Code of Criminal Procedure, 1973 read with Section 45 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PML Act'), the applicant herein has prayed to release him on regular bail during the pendency of the trial in connection with a complaint being PMLA Complaint No.2 of 2016 pending before the Special Court constituted under the provisions of PML Act which arises out of Enforcement Case Information Report (ECIR) / 01 / AZO / 2012 for the offences punishable under Sections 3 and 4 of the PML Act alleging that the applicant has committed parity of scheduled offences i.e. under Sections 467, 471 read with Section 120-B of Indian Penal Code as well as for the offences punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988, on the ground that Hon'ble the Supreme Court by its judgment and order dated 23.11.2017, in the case of Nikesh Tarachand Shah v. Union of India and another, rendered in Writ Petition (Criminal) No.67 of 2017, has struck down Section 45 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PML Act') being unconstitutional and, therefore, rigors provided under the said Section is now not applicable and, therefore, the case of the applicant is required to be dealt with as an application for bail considering the principles laid down by the Hon'ble Supreme Court in various decisions.

(2.) The case put forward by the prosecution is as under:-

(3.) Pursuant to the notice issued by this Court, the respondent No.1 has appeared through Mr. Devang Vyas, learned Assistant Solicitor General of India and filed an affidavit dated 1.2.2018 and opposed grant of any relief as prayed for by the applicant.