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2019 Supreme(SC) 991

R.BANUMATHI, A.S.BOPANNA
P. CHIDAMBARAM – Appellant
Versus
DIRECTORATE OF ENFORCEMENT – Respondent


Advocates Appeared:
For the Petitioner(s):Kapil Sibal, Abhishek Manu Singhvi, Kunal Vajani, Arshdeep Singh Khurana, Amit Bhandari, Adit Pujari, Hitesh Rai, Akshat Gupta, Ayush Agarwal, Karan Gogna, Aamir Khan, Aman Singh Brar, Akshay Sahni, Avishkar Singhavi, Shally Bhasin, Advocates
For the Respondent(s):Tushar Mehta, K.M. Natraj, Sonia Mathur, Zoheb Hossain, Rajat Nair, Kanu Aggarwal, A.K. Sharma, Rajeev Ranjan, Bhuvan Kapoor, Varun Chugh, Adv. B. Krishna Prasad, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • Anticipatory bail cannot be granted once the accused has been arrested, as per the relevant procedural provisions (!) (!) .
  • The procedure for arrest under the applicable Act and Rules provides sufficient safeguards to protect the rights of the accused (!) (!) .
  • Proceedings under the relevant Act related to offences of money laundering are not violative of constitutional rights, including Article 20(1) (!) (!) (!) .
  • The question of whether certain offences can serve as predicate offences at the anticipatory bail stage cannot be examined; such issues are typically reserved for trial proceedings (!) (!) (!) .
  • The court may peruse case diaries or investigation materials during the course of proceedings, but only under specific circumstances and primarily for the court’s conscience or to determine the appropriateness of bail (!) (!) (!) .
  • The court cannot conduct mini-trials or scrutinize the answers given by the accused during investigation to determine their cooperation or evasiveness, as this would interfere with the investigative process (!) (!) (!) (!) (!) .
  • The investigation process, including interrogation, is an exclusive function of the investigating agency, and the judiciary should not interfere unless there is clear abuse or mala fide conduct (!) (!) (!) .
  • The production and perusal of materials collected during investigation in sealed covers are permissible to satisfy the court’s conscience but should be done cautiously to avoid prejudice (!) (!) (!) (!) (!) .
  • The grant of anticipatory bail in economic offences and money laundering cases is generally disfavored, especially during investigation, to prevent hampering the process of interrogation and evidence collection (!) (!) (!) (!) .
  • The statutory framework, including safeguards and procedural requirements, is designed to balance individual liberty with the needs of effective investigation, and the exercise of bail powers must be cautious and exceptional in cases involving serious economic offences (!) (!) (!) (!) (!) (!) .
  • Overall, the decision to refuse anticipatory bail is based on the stage of investigation, the gravity of the offence, the strength of evidence, and the necessity of custodial interrogation to facilitate effective investigation, rather than on the merits of the case alone (!) (!) (!) .

Please let me know if you need further analysis or specific legal advice.


JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. This appeal relates to the alleged irregularities in Foreign Investment Promotion Board (FIPB) clearance given to the INX Media for receiving foreign investment to the tune of Rs.305 crores against approved inflow of Rs.4.62 crores. The High Court of Delhi rejected the appellant’s plea for anticipatory bail in the case registered by Central Bureau of Investigation (CBI) being RC No.220/2017-E-0011 under Section 120B IPC read with Section 420 IPC, Section 8 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. By the impugned order dated 20.08.2019, the High Court also refused to grant anticipatory bail in the case registered by the Enforcement Directorate in ECIR No.07/HIU/2017 punishable under Sections 3 and 4 of the Prevention of Money-Laundering Act, 2002.

3. Grievance of the appellant is that against the impugned order of the High Court, the appellant tried to get the matter listed in the Supreme Court on 21.08.2019; but the appellant could not get an urgent hearing in the Supreme Court seeking stay o

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