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13.ABA-2820-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.2820 OF 2021

Mohmammed Hussain Hanif Shaikh

.... Applicant

Versus

1. Directorate of Enforcement, &

2. The State of Maharashtra

.... Respondents

______

Dr. Sujay Kantawala, Advocate a/w. S.K. Dubey, Princekumar

Dubey, Sujit Sahoo & Aditya Talpade, for the Applicant.

Mr. Hiten S. Venegaokar, Counsel for Respondent No.1-ED.

Ms. Sharmila S. Kaushik, APP for Respondent No.2-State.

______

CORAM : SARANG V. KOTWAL, J.

DATE

: 4^th FEBRUARY, 2022

[Through Video Conferencing]

P.C. :

1.

The applicant is seeking anticipatory bail in connection

with the investigation concerning the PMLA Special Case

No.6/2018.

2.

Heard Dr. Sujay Kantawala, learned counsel for the

applicant and Shri Hiten Venegaokar, learned Counsel for

Respondent No.1.

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Deshmane (PS)

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3.

A case under the Prevention of Money-Laundering Act,

2002 (for short, ‘PML Act’

) was instituted by filing a complaint on

22.6.2018, which was registered as PMLA Special Case No.6/2018

before the Designated Court under the PML Act, Greater Mumbai.

It was a result of investigation carried out by the Enforcement

Directorate (for short, ‘

ED’

) in respect of ECIR/MBZO/03/2017.

The complaint was filed against six accused. Accused No.1

Mohammed Farooqe Mohammed Hanif Shaikh @ Farooqe Shaikh

and accused No.2 Mohammed Gous Mohammed Hanif Shaikh are

the applicant’s brothers. There are other accused, namely, accused

No.3 Murarilal Jhunjhunwala and accused No.4 Anup

Jhunjhunwala. Accused Nos.5 and 6 are two private companies.

4.

The prosecution case, as far as the present applicant is

concerned, is more effectively reflected in the affidavit-in-reply

filed on behalf of respondent No.1. Therefore, the allegations in

the prosecution case in that behalf will be referred to at the

appropriate place of this order.

5.

Learned counsel Shri Kantawala appearing for the

applicant made following submissions :

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i.

The complaint is filed by respondent No.1 on 22.6.2018.

There is no reference to either the applicant’

s name or his

role. The main allegations are directed against his brothers

i.e. accused Nos.1 & 2. The order issuing process against

those accused was passed on 26.6.2018. In that order, the

allegations are restricted to accused Nos.1 & 2. The role of

accused Nos.3 & 4 is also mentioned. Even in that order,

there was no reference to the applicant’

s name or role.

ii.

Accused Nos.3 & 4 are granted bail by the Special Judge for

PMLA vide order dated 14.1.2019. The observations made

in that order were that : the accused Nos.3 & 4 were not

arrested pending the investigation under Section 19 of the

PML Act. They had appeared before the said Court in

pursuance of the summons issued. There was no material to

show that the accused Nos.3 & 4 had made any attempt to

flee from justice. The bail was for securing the presence of

accused Nos.3 & 4 for the trial. In view of the fact that

accused Nos.3 & 4 were not arrested pending the

investigation, they had made out the case for bail.

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Shri Kantawala submitted that even the present

applicant has cooperated with the investigation and has not

attempted to flee away from justice. Therefore, on the same

considerations the applicant also deserves to be released on

anticipatory bail.

iii.

Accused No.1 Mohammed Farooqe Mohammed Hanif Shaikh

@ Farooqe Shaikh is the applicant’

s brother, who was

allowed to look after his wife under police escorts. This order

was passed by the Division Bench of this Court in Writ

Petition No.2829/2019 on 6.6.2019, which was continued

upto 2.7.2019 by the said Division Bench vide order dated

25.6.2019. Thereafter, this relief was continued by the

Hon’ble Supreme Court vide order dated 3.7.2019