KAILASH CHANDRA SAHU Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) Instant miscellaneous petition in I.A. 2812 of 2022 is filed by the opposite party for recall of the final order dtd. 15/11/2022 disposing it of with a direction to the petitioners to appear before the court of the learned District and Sessions Judge, Khurda at Bhubaneswar-cum-Special Judge, PMLA Act, 2002 (in short 'the Special Court') in connection with Criminal Misc.(PMLA) Case No.55 of 2019 for being released on bail on such terms and conditions while denying the request for dispensing with their personal attendance in terms of Sec. 205 Cr.P.C. on the ground that the same is legally not tenable.

(2.) In fact, after the final order dtd. 15/11/2022, this Court, entertaining the request of the opposite party, directed the same to be kept in abeyance by order dtd. 2/12/2022 in I.A. 2812 of 2022 in order to facilitate a hearing since such release of petitioners on bail later to their appearance before the Special Court was claimed to be against the spirit of law and in particular, with reference to Sec. 45 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the PMLA').

(3.) Heard Mr. Ray, learned Senior Advocate and Mr. Nayak, learned counsel for appearing for the Enforcement Directorate (ED) and Mr. Pradhan, learned counsel for the petitioners.