SARANG V. KOTWAL
Mehul Choksi – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
SARANG V.KOTWAL, J. - Heard Shri Vijay Aggarwal, learned counsel for the Applicant in both Applications, Shri A.R. Patil, learned APP for the Respondent No.1-State and Shri H.S. Venegavkar, learned Special P.P. for the Respondent No.2.
2. The Applicant has challenged the order dtd. 30/8/2019 passed by the learned Special Judge, Greater Bombay below Exhibit-55 in Criminal M.A. No. 997/2018. Said application was filed by the Applicant before the learned Special Judge for directions to dismiss the application preferred under Sec. 4 of the Fugitive Economic Offenders Act 2018 (hereinafter referred to as the 'FEO Act'). The learned Special Judge directed that the matter would proceed further for hearing of the arguments of learned counsel for the respondent before him (i.e the Applicant herein) and thereafter for rejoinder by learned SPP for the Applicant before him (the Respondent No2 in the present application before this Court) on the main application under Sec. 4 of FEO Act.
3. The brief background of the case is mentioned in the present application as follows:
State Through Central Bureau of Investigation, New Delhi vs. Jitender Kumar Singh
The Fugitive Economic Offenders Act has an overriding effect over other laws, and compliance with its specific procedural requirements is mandatory, including the adequacy of verification in applicat....
The main legal point established in the judgment is that the grant of bail is the rule and refusal is the exception, and the gravity of the offence is an aspect to be kept in view by the Court. The c....
The judgment emphasized the seriousness of economic offences, the need for custodial interrogation, and the balance between individual rights and public interest in granting anticipatory bail.
The non-supply of documents along with the detention order violates the detenu's constitutional right to make an effective representation under Article 22(5) of the Constitution, and no proceedings c....
Bail – Retracted statements cannot form basis of guilt of applicant – Continuing pre-trial incarceration will amount to deprivation of personal liberty as well as travesty of justice.
(1) Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting economy of country as a whole and ....
The Enforcement Directorate's actions under the Foreign Exchange Regulation Act were deemed lawful, given the justified reason to believe that violations had occurred, affirming the legality of the s....
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