2023 (5) TMI 527

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....ices , AOR JUDGMENT M. R. SHAH , J. 1. Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) passed by the High Court for the State of Telangana at Hyderabad in Criminal Petition Nos. 1146/2021 and 1147/2021, by which, the High Court has allowed the said bail applications and has directed to enlarge respective respondent No. 1 on bail in connection with the offences under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the PML Act, 2002) investigated by the Enforcement Directorate, Hyderabad in F. No. ECIR/HYZO/36/2020 on the file of Metropolitan Sessions Judge, Hyderabad, the Directorate of Enforcement has preferred the present appeals. 2. That an FIR No. 12/2019 dated 10.04.2019....

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....gated by the Enforcement Directorate. By the impugned orders, the High Court has directed to enlarge respondent No. 1 in respective appeals on bail. The impugned orders passed by the High Court enlarging respondent No. 1 in respective appeals on bail in the case being investigated by the Enforcement Directorate, Hyderabad, are the subject matters of present appeals. 3. Shri K.M. Nataraj, learned ASG, has appeared on behalf of the appellant - Enforcement Directorate and Shri Rakesh Khanna and Shri Aman Lekhi, learned Senior Advocates have appeared on behalf of respective respondent No. 1. 3.1 Shri Nataraj, learned ASG appearing on behalf of the Enforcement Directorate has submitted that in the facts and circumstances of the case the Hi....

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....s submitted that as the accused are on bail since March, 2021, the impugned orders passed by the High Court may not be interfered by this Court at this stage. 5. We have heard learned counsel appearing on behalf of the respective parties at length. 6. At the outset, it is required to be noted that respective respondent No. 1 - accused are facing the investigation by the Enforcement Directorate for the scheduled offences and for the offences of money laundering under Section 3 of the PML Act punishable under Section 4 of the said Act. An enquiry/investigation is still going on by the Enforcement Directorate for the scheduled offences in connection with FIR No. 12/2019. Once, the enquiry/investigation against respective respondent No. 1....

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....otwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorised, by the Central Government by a general or special order, and, subject to such conditions as may be prescribed.] (2) The limitation on granting of bail specified in [* * *] sub-section (1) is in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail." By the impugned judgment(s) and order(s) and while granting bail, the High Court has not considered the rigour of Section 45 of the PML Act, 2002. 6.1 Even otherwise, th....

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....es the chargesheet might have been filed it cannot be a ground to release the accused on bail in connection with the scheduled offences under the PML Act, 2002. Investigation for the predicated offences and the investigation by the Enforcement Directorate for the scheduled offences under the PML Act are different and distinct. Therefore, the High Court has taken into consideration the irrelevant consideration. The investigation by the Enforcement Directorate for the scheduled offences under the PML Act, 2002 is till going on. 7. As observed hereinabove, the High Court has neither considered the rigour of Section 45 of the PML Act, 2002 nor has considered the seriousness of the offences alleged against accused for the scheduled offences u....