2021 (7) TMI 972

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....stogi For the Parties : Mr. Saurabh Kirpal, Sr. Adv., Dr. Sujay Kantawala, Adv., Mr. Azmat Hayat Amanullah, AOR, Mr. Nishant Awana, Adv., Mr. Sujit Sahoo, Adv., Mr. Aditya Talpade, Adv., Mr. S.V. Raju, ASG, Mr. Zoheb Hossain, Adv., Mr. Kanu Agrawal, Adv., Mr. Akshay Amritanshu, Adv., Ms. Sarica Raju, Adv., Mr. Annam Venkatesh, Adv., Mr. Mukesh Kumar Maroria, AOR, Mr. Sachin Patil, AOR, Mr. Rahu....

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....n, namely, Sanjay Jain has since then been added as an accused through supplementary charge-sheet vide Complaint Case No.13/2017 in said ECIR Case. The appellant has been in custody since 15.03.2019. Mr. Saurabh Kripal, learned Senior Advocate appearing in support of the appeal submits inter alia: a. After due investigation, the draft charges have been filed by the Department, which....

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....re completely disregarded; and the appellant had to be declared a Proclaimed Offender on 12.02.2018. b. The appellant surrendered only on 15.03.2019 i.e. more than a year after he was declared to be a Proclaimed Offender. c. The transactions in question involve transmission of more than Rs. 518 Crores to the alleged exporters from Hong Kong. The transmission of valuable foreign e....

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....into the question whether the rigor of Section 45 of the Act would still apply as a result of the amendment, in our view, the appellant is entitled to the benefit of bail principally for the reasons: a. The length of custody undergone by the appellant as against the maximum sentence that could be visited upon the appellant under the offences in question. b. The fact that the inve....