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2022 Supreme(P&H) 46

SURESHWAR THAKUR
Sukhpal Singh Khaira – Appellant
Versus
Assistant Director, Directorate of Enforcement – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vikram Chaudhri, Senior Advocate with Mr. Parvez Chaudhary, Advocate
For the Respondent:Mr. Zoheb Hossain, Advocate

JUDGMENT :

Sureshwar Thakur, J.

1. Through the instant petition, as cast under Section 439 Cr.P.C., the petitioner seeks relief of his being released from judicial custody. The petitioner is in judicial custody in respect of FIR No. ECIR/02/STF/2021 of 21.1.2021, whereins, becomes constituted an offence embodied under Section 3, as, punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (for short 'PML Act').

2. Learned counsel for the respondent has strongly opposed the according of indulgence of bail to the petitioner. His submission, opposing the grant of bail to the petitioner, is rested upon the necessity of this Court, recording an objective satisfaction, that there are reasonable grounds of believing that he is not guilty of such offence, and, that he is not likely to commit any offence while on bail.

3. The afore submission is further rested, upon an amendment, being made to Section 45 of the PML Act, hence subsequent to the decision, as, rendered by the Hon'ble Apex Court, in case titled 'Nikesh Tara Chand Shah', reported in 2018 (11) SCC 1. He has, therefore, submitted that though in judgment (supra), the Hon'ble Apex Court had annulled the validity of the

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