GAUTAM KUNDU Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is an accused in ECIR/GWZO/01/2015 instituted on 19/3/2015 by the Enforcement Directorate. The said case arose out of West Agartala P.S. Case No.141/2013 dtd. 15/5/2013 registered under Ss. 420, 406 read with Sec. 34 of the Indian Penal Code, 1860 and Sec. 3 of the Tripura Protection of Interest of Depositors (In Financial Establishment) Amendment Act, 2011. The same is pending before the learned Special Court, West Tripura, Agartala which is the designated Court to conduct trial of offences punishable under Sec. 4 of the Prevention of Money-Laundering Act, 2002 [hereinafter referred to as PMLA, 2002] as per notification No.S.O.372(E) dtd. 5/2/2016 issued by the Government of Tripura. He was arrested on 23/11/2021 as is reflected from the order dtd. 25/1/2022 [Annexure-3 of reply affidavit] passed by the learned Special Judge in Spl. (PMLA) 01 of 2018. His bail applications have earlier been rejected by the orders dtd. 25/1/2022, 23/5/2023 and lastly by the impugned order dtd. 7/12/2024. Being aggrieved by the rejection of his bail application, petitioner has preferred the instant petition under Sec. 482 of the Code of Criminal Procedure. Petitioner has prayed for quashing of the impugned order dtd. 7/12/2024 and also a direction upon the learned Special Judge, West Tripura, Agartala to consider the bail application of the petitioner in Spl. (PMLA) 01 of 2018 on merits.

(2.) Mr. Bibhal Nandi Majumder, learned senior counsel for the petitioner, has drawn the attention of this Court to the impugned order which reads as under:

(3.) Thereafter, apparently petitioner was produced through video conferencing on 23/11/2021 as taken note of earlier. It is submitted that petitioner has appeared through video conferencing before the learned Special Court thereafter on different subsequent dates. Learned senior counsel for the petitioner also submits that if the learned Trial Court considers it necessary for reasons to be recorded that the accused should appear physically on any date, the petitioner cannot have any objection thereto.