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2024 Supreme(Del) 87

VIKAS MAHAJAN
Neeraj Singal – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Kapil Sibal, Sr. Advocate, Dr. Abhishek Menu Singhvi, Sr. Advocate, Mr. Vikas Pahwa, Sr. Advocate with Ms. Ranjana Roy Gawai, Mr. Ujjwal Jain, Ms. Shambhavi Kashyap, Mr. Adit Pujari, Mr. Avishkar Singhvi, Mr. Garnil Singh and Mr. V. Wadhwa, Advs. , for the Petitioner, Mr. Zoheb Hossain, Spl. Counsel with Mr. Vivek Gurnani, Mr. Baibhav, Ms. Manisha Dubey, Ms. Pranjal Tripathi, Advocates, Mr. Anuj Kumar, AD-ED and Mr. Sanket Sinha, AEO-ED., for E.D

JUDGMENT

Vikas Mahajan, J. - The issue involved in the above two cases is inextricably intertwined, therefore, they are being disposed of by a common judgment.

2. CRL.M.C. 4376/2023 has been filed by the petitioner seeking the following relief:

    "(i) Declare the arrest of the Petitioner being in gross violation of the settled tenets of law in Section 41A(3) Cr.PC;

    (ii) Declare all consequential actions including the remand order(s) dated 10.06.2023 & 20.06.2023 passed by Ld. Duty judge/ Special CBI Judge as null and void;

    (iii) That pending the hearing and final disposal of the present Petition, this Hon'ble Court be pleased to stay the Impugned Order(S) dated 10.06.2023 & 20.06.2023;

    (iv) That pending the hearing and final disposal of the present. Petition, this Hon'ble Court be pleased to release the Petitioner from the abjectly illegal custody and incarceration;

    (v) That pending the hearing and final disposal, further investigation in ECIR No. DLZO-II/06/2019 dated 29.08.2019 against the Petitioner be stayed;

    (vi) For such other and further interim/ad-interim reliefs as the nature and circumstances of the case may require."

3. BAIL APPLN 2356/2023 has been filed on behalf of the petitione

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