JUDGMENT

SANDEEP K.SHINDE J. - This application under Section 439(2) of the Code of Criminal Procedure, 1973 ('Cr.P.C' for short) challenges the order dated 11th August, 2021 passed by the learned Special Judge designated under the PMLA Act at Greater Bombay for Bombay, granting bail in PMLA Case, ECIR 14/MZO/2013 to the respondent.

2. Applicant Directorate of Enforcement Department of Revenue, Ministry of Finance, Government of India is, the statutory Investigating Agency established in India, and entrusted with the task and authority to implement and enforce the provisions of the Prevention of Money Laundering Act, 2002 (Hereinafter referred to as "PMLA Act").

3. Heard Mr. Anil Singh, the learned Additional Solicitor General and Mr. Rajiv Chavan, the learned Senior Counsel for the respondent no.1.

4. Mr. Chavan the learned Senior Counsel for the respondent no.1 has raised preliminary issue as to the maintainability of the application fled under Section 439(2) of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) and would contend that provisions of Section 439(2) of the Cr.P.C. cannot apply in a case where an order for release of bail has not been availed of.

5. Mr. Anil S