Bimal Kumar Jain; Naresh Jain vs Directorate of Enforcement

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
YOGESH KHANNA
Bimal Kumar Jain; Naresh Jain – Appellant
Versus
Directorate of Enforcement – Respondent

Table of Content
1. the implications of observations in prior bail order (Para 1 , 3)
2. arguments on applicability of section 362 and 482 cr.p.c. (Para 2 , 4 , 5 , 6)
3. court's view on clarity of previous order (Para 8 , 9)
4. limits on court's power to review bail orders (Para 10 , 11)
5. dismissal of applications (Para 12)

JUDGMENT

Yogesh Khanna, J. (Through Video Conferencing)

CRL.M.A. 12579/2021 in BAIL APPLN. 112/2021; & CRL.M.A. 12816/2021 in BAIL APPLN. 122/2021h

1. These application(s) are filed under Section 482 Cr.P.C. to recall the observations made in paras no.19and 20 of the order dated 30.07.2021 and/or to clarify the same, as such observations are prone to be misconstrued and may result in a miscarriage of justice being contrary to several judgments rendered by the Co-ordinate Bench of this Court, clearly laying down the ratio decideni that neither have the twin conditions for bail under Section 45 of PMLA revived after having been declared as unconstitutional by the Supreme Court in Nikesh Tarachand Shah vs. Union of India & Anr. (2018) 11 SCC 1.

2. The learned senior counsel for the petitioner says it is an application not for recalling of the order but of observat

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DELHI HIGH COURTYOGESH KHANNABimal Kumar Jain; Naresh Jain – AppellantVersusDirectorate of Enforcement – Respondent

DELHI HIGH COURT
YOGESH KHANNA
Bimal Kumar Jain; Naresh Jain – Appellant
Versus
Directorate of Enforcement – Respondent