2017 (7) TMI 622

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....shable under Section 120B IPC r/w. Sections 419, 420, 468 and 471 of IPC and Sections 7 and 13(2) r/w. Section 13(1)(d) of Prevention of Corruption Act, 1988. The case is registered before the Special Court for CBI cases in Spl.C.C.No.137/2014, trial also has began and two witnesses were examined. 3. It is the submission at the Bar that the co- accused have preferred a writ petition before this Court in W.P.Nos.48605-606/2016 seeking to discard the evidence of PW.2. The respondent the Directorate of Enforcement filed a report on 12.01.2015 before the very same Special Court in respect of the offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (in short 'PML Act'), which is registered in ECIR/BGZO/1/....

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....tement made by the accused before the Investigating Officer is to be believed to be true until contrary is proved in view of the provisions of Section 24 of the PML Act which is a material of defence during trial. 5. Learned Counsel has placed reliance on the judgment of the Apex Court reported in AIR 2016 SC 106 in the case of Gautam Kundu Vs. Manoj Kumar, wherein, it was held that the PML Act being the special enactment has an overriding effect over any other law in force notwithstanding anything inconsistent. In said case, the order of the High Court in rejecting bail was upheld by the Apex Court. 6. In reply, Sri Sachin V.R., learned counsel for the respondent - accused submits that on the basis of the charge sheet submitted to th....

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.... submission, I have perused the order passed by the Court below. The learned Special Judge has given his due advertence to the provisions of Section 45 (i) (ii) of the Act which contemplates twin conditions that is, satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and he is not likely to commit any offence while on bail. 9. It is clear from the lower Court records that excepting the final report and charge sheet submitted to the Special Court, no other documents were made available by the prosecution/Directorate of Enforcement while considering the bail application. 10. Today, learned counsel for the petitioner has tendered two sealed covers in the Court Ha....