ORDER :

1. Leave granted.

2. This is one of the cases of non-application of mind by the Court, wherein the Special (CBI) Court No. 1 (hereinafter referred to as the Special Court) though had not passed any order summoning the present appellant (accused No. 10), on taking the cognizance of the offences under the Prevention of Money Laundering Act, 2002 (for short PMLA) vide order dated 07.12.2022, issued summons to the appellant in the Form prescribed under Section 61 Cr.P.C. The appellant thereafter on his voluntarily surrendering before the said Court, had applied for bail, which came to be rejected by the Special Court vide the order dated 22.02.2023.

3. The said order having been challenged by the appellant before the High Court by filing CRM (SB) 164 of 2023, the same came to be dismissed by the High Court vide the impugned order dated 18.10.2023. Being aggrieved by the same, the appellant has approached this Court by way of present appeal.

4. At the outset, the learned senior counsel, Mr. Luthra for the appellant drawing the attention of the Court to the order dated 07.12.2022 passed by the Special Court, submitted that though the said Court while taking cognizance of the offence