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2024 Supreme(SC) 485

ABHAY S. OKA, UJJAL BHUYAN
Tarsem Lal – Appellant
Versus
Directorate of Enforcement Jalandhar Zonal Office – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sidharth Luthra, Akbar Siddique, Sheezan Hashmi, Mihir Joshi, Aakash Dubey, Rahul Khare, Parv K. Garg, Parwez Akhtar, Harsh Kumar Singh, Siddharth Luthra, Sakshi Kakkar, Shakti Singh, Harshit Sethi, Nikhil Jain, Mansi Tripathi, Divya Jain, Monica Dhingra, Harshit Sethi, Nikilesh Ramachandran, Mansi Tripathi.
For the Respondents: S.V. Raju, Sanjay Kr. Dubey, Mukesh Kumar Maroria, Zoheb Hussain, Annam Venkatesh, Arkaj Kumar, Rajeshwari Shankar.

1. Leave granted.

FACTUAL ASPECTS

2. Since the issues involved are common and very little turns on facts, we broadly refer to the factual aspects. The appellants are the accused in complaints under Section 44 (1) (b) of the Prevention of Money Laundering Act, 2002 (for short ‘the PMLA’). The appellants have been denied the benefit of anticipatory bail by the impugned orders. We are dealing with the cases of the accused who were not arrested after registration of the Enforcement Case Information Report (ECIR) till the Special Court took cognizance under the PMLA of an offence punishable under Section 4 of the PMLA. The cognizance was taken on the complaints filed under Section 44 (1)(b). These are the cases where the appellants did not appear before the Special Court after summons were served to them. The Special Court issued warrants for procuring their presence. After the warrants were issued, the appellants applied for anticipatory bail before the Special Court. The applications were rejected. Unsuccessful accused have preferred these appeals since the High Court has turned down their prayers. This Court, by interim orders, has protected the appellants from arrest.

SUBMISSIONS

3.


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