Bombay High Court
Eknath Ganpatrao Khadse vs Union Of India And Ors on 21 October, 2021
Bench: Nitin W. Sambre
4. ABA-2502-21.doc
BDP-SPS-TAC
BHARAT
DASHARATH
PANDIT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by BHARAT
DASHARATH
PANDIT
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2502 OF 2021
Date: 2021.10.21
20:19:36 +0530
Shri Eknath Ganpatrao Khadse ....Applicant.
V/s
Union of India & Others ..... Respondents.
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Mr. Shirish Gupte, Senior Advocate a/w Mr. Raja Thakare, Senior
Advocate a/w Mr. Mohan Tekavde a/w Mrs Swati Tekavde a/w Mr.
Pinttu Chourasia i/b ADI Legal for the Applicant.
Mr. Anil C. Singh, ASG a/w Mr. Hiten Venegaonkar a/w Mr. Aditya
Thakkar a/w Mr. Shiram Shirsat a/w Mr. D.P. Singh a/w Ms. Smita
Thakur a/w Mr. Pranav Thakur for the Respondent/E.D.
Mr. M.G. Patil, APP for the Respondent/State.
----
CORAM: NITIN W. SAMBRE, J.
DATE: OCTOBER 21, 2021
P.C.:-
1] This is an application by the Accused with following prayer:-
"(a) This Hon'ble Court be pleased to grant the
Anticipatory Bail to the Applicant in the present
case being "Crime registered with the Directorate
of Enforcement at Mumbai vide impugned ECIR
No ECIR/MBZO-II/10/2019 in Special Case
No.1108/2021 under section 4 read with section 3
read with Section 70 of the Prevention of Money
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Laundering Act, 2002, on such terms and
conditions as this Hon'ble Court may deem fit and
proper in the nature and circumstances of the
present case;"
2] Learned Additional Solicitor General Mr. Singh would invite
attention of this Court to the following orders of the Supreme Court in
the case of Satender Kumar Antil vs. Central Bureau of Investigation &
Anr passed in SLP (Crl)) No. 5191 of 2021 dated 28/7/2021 and
7/10/2021 respectively so as to claim that present Application for
grant of pre-arrest bail is not maintainable.
3] Relying on Constitution Bench Judgment of the Apex Court in
the matter of Sushila Aggarwal and Ors vs State and Ors passed in SLP
(Crl) No.-007281-007282, particularly para 7.1, contentions are, there
is no express bar on the maintainability of the pre-arrest bail
application even if the Applicant is chargesheeted.
4] It is claimed that Applicant is willing to appear before the Special
Court with a prayer for grant of regular bail accompanied with the
application for grant of interim bail. It is further claimed that till such
period interim bail application is decided by the Special Court,
4. ABA-2502-21.doc
Applicant be protected from arrest. So as to substantiate the said
prayer, Mr. Gupte, learned Senior Counsel and Mr. Thakare, learned
Senior Counsel appearing for Applicant have invited my attention to
the order of rejection of prayer for grant of regular bail of Accused
No.5 who is a public servant.
5] I have considered rival submissions in the aforesaid backdrop.
6] This Court is sensitive to the fact that application for grant of
pre-arrest bail of Accused No.3 who happens to be the wife of
Applicant is scheduled for hearing on 7 th December, 2021 in which ad-
interim protection is ordered.
7] In the aforesaid backdrop, in my opinion, it will be appropriate
to accept the suggestion given by learned Senior Counsel that
Application shall be moved for grant of regular bail before Special
Court within a period of one week from today alongwith Application
for grant of interim bail. If prayer for grant of interim bail is moved,
Special Court is directed to decide such application then and there,
provided Respondents are served with advance copy of such
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application with notice of hearing.
8] For a period of one week from today, it is directed that Special
Court shall not take the Applicant in custody.
9] At this stage, it will be appropriate, in my opinion, to direct the
Special Court to be sensitive to the observations made by the Apex
Court in the above referred judgments as are relied upon by the
learned Additional Solicitor General.
10] With the above observations, Application stands disposed of.
( NITIN W. SAMBRE, J. )
