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2026 (4) TMI 1147
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....R MAHENDAR KUMAR GOYAL, J. The following question has been referred to be answered by this Larger Bench:- "Whether the arrest warrants issued against the accused committing economic offence or heinous offences like murder/rape/dowry death/dacoity etc. can be converted into bailable warrants as a matter of right of the accused by invoking the powers contained under Sections 70(2) Cr.P.C. and 72(2) B.N.S.S. as a matter of right?" The aforesaid question has been referred by a learned Single Judge of this Court under the following factual backdrop. The learned Single Judge, while hearing a Criminal Miscellaneous Petition No. 1947/2025 filed under Section 482 Cr.P.C against the order dated 11.03.2025 passed by learned Ad....
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....ons. 28. In a situation like the present one, where two conflicting views have been taken by the different Co-ordinate Single Benches of this Court, this Court has no other option but to refer the matter to the Special/Larger Bench so that the controversy is put to rest in accordance with law. Learned counsel Shri S.C. Gupta submits that no conflicting view has been expressed by this Court in any of the aforesaid three judgments or for that matter, in any of the two judgment. Other learned counsels also adopted the same submission. Heard. Considered. In the case of Girdhar Gopal Bajaria (Surpa), a learned Single Judge of this Court has held as under:- "Therefore, learned court below was legally justified in issuin....
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....on 3 read with Section 4 of the PML Act is concerned, without commenting upon detailed merits of the cognizance order, it would suffice to hold that the petitioners have not been able to demonstrate any prima facie case for staying the impugned order by which cognizance has been taken against them. Looking to the various pronouncements of Hon'ble Supreme Court in which it has been held that severity of the offence for which a cognizance has been taken against the petitioners and other relevant factors, the trial court has discretion to issue non-bailable warrants. Keeping in mind that the cognizance has been taken for offences punishable under the PML Act against the petitioners, which is an economic offence and Hon'ble Apex Court ....
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....s that the court below has taken into account the nature of allegations levelled against the accused petitioners, role of accused petitioners, impact of the alleged offences on the society and the scope of interference in economic matters by giving undue leverage to the accused petitioners affecting the interest of the society and has accordingly rejected the prayer of the petitioners in rightful manner. The offences under PMLA, 2002 are cognizance and non-bailable, as per Section 45 of the Act. 63. This court does not find any error in the orders passed by the court below and accordingly all the petitions are dismissed. This court makes it clear that what has been observed by this court is only for the purpose of disposal of the p....
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....ing country. 37. Whether the allegation of evasion of GST amount made against the accused petitioner and the co-accused are correct or false, is to be decided by the Competent Court on the basis of the evidence of the parties. The petitioner during the course of investigation has appeared before the Investigating Officer on receipt of summons and has been interrogated and his statements have also been recorded as required under the CGST Act. 39. Taking into consideration the overall facts and circumstances of the case and the discussion made above, the Court is of the opinion that it is a fit case to exercise the inherent jurisdiction. In the aforesaid judgment also, the learned Single Judge, before allowing the applica....
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.... a matter of right, conversion of nonbailable warrant into bailable warrant under Section 70(2) Cr.P.C. or under Section 72(2) B.N.S.S. much less the conflicting views as the judgments were delivered based on the specific facts of each case. In view of the aforesaid, we are of the opinion that the reference requires no answer. The learned Single Judge may decide the matter on its merit. (BHUWAN GOYAL),J (MAHENDAR KUMAR GOYAL),J Per ANOOP KUMAR DHAND, J. (concurring) 1. Finding three different contradictory orders, passed by three different Co-ordinate Benches of this Court in the cases of Girdhar Gopal Bajoria (supra), Shyam Sunder Singhvi (supra) & PC Purohit (supra), the Single Bench has formulated the above referred questi....