ASHOK MUNILAL JAIN Vs. ASSTT. DIRECTOR, DIRECTORATE OF ENFORCEMENT
LAWS(SC)-2017-3-251
SUPREME COURT OF INDIA
Decided on March 22,2017

Ashok Munilal Jain Appellant
VERSUS
Asstt. Director, Directorate Of Enforcement Respondents

JUDGEMENT

- (1.) With the consent of the Learned Counsel appearing for the parties, we have heard the matter finally at this stage. Criminal Appeal No. 566 of 2017 (Arising out of SLP (Criminal) No. 2301 of 2017).
(2.) Leave granted.
(3.) The Enforcement Case Information Report (ECIR) No. ECIR/CEZO/19/2016 has been registered by the Directorate of Enforcement, Chennai, essentially against the appellant herein. The aforesaid case was registered on the basis of a criminal case registered by the CBI, Chennai, against one A. Sekar Reddy and five others and also some other unknown bank officials. The appellant was arrested. He filed application for bail under Section 439 of the Code of Criminal Procedure (Cr.P.C.). During the pendency of the said bail application, the appellant filed another application praying for grant of statutory bail as, according to him, when the period of 60 days of judicial custody of the appellant was over, no complaint was filed. He, thus, invoked the provisions of Section 167(2) of the Cr.P.C. while requesting for statutory bail. Both these applications were dismissed by the Trial Court. Application for grant of bail was dismissed on merits. As far as application for statutory bail filed under Section 167(2) Cr.P.C. is concerned, the Trial Court held the view that the provisions of Section 167(2) Cr.P.C. are applicable to cases arising out of Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'Pmla Act'). The appellant challenged this order in the High Court. The High Court has affirmed the order of the Trial Court and dismissed the petition of the appellant accepting the reasons given by the Trial Court that provisions of Section 167(2) Cr.P.C. are applicable in the cases arising out of Pmla Act.;


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