AFSAR ALI Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Heard Mr. Nilesh Kumar, learned counsel appearing for the petitioner and Mr. Amit Kumar Das, learned counsel appearing for the Enforcement Directorate (ED).

(2.) The petitioner is seeking regular bail, in connection with ECIR Case No. 01/2023 arising out of ECIR/RNZO/18/2022, registered for the offence under Ss. 3 and 4 of the Prevention of Money Laundering Act, 2002, pending in the court of learned Additional Judicial Commissioner-I-Cum-Special Judge, PMLA, Ranchi.

(3.) Mr. Nilesh Kumar, learned counsel appearing for the petitioner submits that by the earlier order dtd. 30/8/2024 passed in B.A. No. 8244 of 2023, this court has rejected the prayer for regular bail of the petitioner and thereafter the present petition has been filed seeking the regular bail. He submits that this petition has been directly filed before the High Court instead of filing before the learned trial court. He further submits that this aspect of the matter has already been considered by the Division Bench of this Court in Twinkle Soni & Anr. Versus State of Jharkhand, reported in 2009 SCC OnLine Jhar 2008. He submits that on merits of the case, the prayer for regular bail of this petitioner has already been rejected by order dtd. 30/8/2024 passed in B.A. No. 8244 of 2023 and the present bail application has been filed only on the ground of the period of custody and also on the ground of delay in conclusion of the trial. He submits that the petitioner is in judicial custody since 14/4/2023.