Ajay Kumar S/O Chandraprakash ... vs Directorate Of Enforcement Thr. ...
2022 Latest Caselaw 284 Bom

                                             1                   ba-1149-2021.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH, NAGPUR.

           CRIMINAL APPLICATION (BA) NO. 1149 OF 2021

           Ajay Kumar Baheti Vs. Directorate of Enforcement
__________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions    Court's or Judge's orders.
and Registrar's Orders.

                  Mr. D.V. Chavan, Advocate for the applicant
                  Mr. Ulhas Aurangabadkar, ASGI for non-applicant


                               CORAM : V.M. DESHPANDE AND
                                        VINAY JOSHI, JJ.

DATE : 7th JANUARY 2022

Not on board. Taken on board.

2. In this application, the learned Single Judge of this Court (Coram : Rohit B. Deo. J.) vide his detailed order dated 03/12/2021 requested for constitution of large Bench to answer the question, which he formulated in paragraph No.20 of the reference order. Accordingly, the Bench was constituted and the reference was kept before us.

3. Yesterday for whole day, we heard Shri Sunil Manohar, learned Senior Counsel for the applicant and Shri Anil Singh, learned Additional Solicitor General of India. Both the learned senior counsels made their very exhaustive submissions, also relied upon various decisions of the Hon'ble Apex Court, this Court and the judgments delivered by other Hon'ble High Courts.

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4.        After   exhaustive      arguments,    both   the

learned senior counsels submitted that they have completed their arguments. Thereafter, the Court closed the matter for judgment.

5. Today, in the morning, the learned ASGI Shri Ulhas Aurangabadkar and Shri D.V. Chavan, learned counsel for the applicant approached separately in our chambers. That time, Shri Aurangabad, learned ASGI submitted that he wishes to tender the copy of one judgment on record which was objected by Shri D.V. Chavan, learned counsel for the applicant inasmuch as he submitted that he wants to make submissions in that behalf. Therefore, by consent of Shri Aurangabadkar and Shri Chavan, the matter was kept at 2:30 P.M. in the Court for further arguments limited to the extent of recent order passed by the Hon'ble Apex Court in Criminal Appeal 21 of 2022 dated 04th January 2022. Though the Court asked the learned ASGI as to whether the learned Additional Solicitor General of India wishes to argue and the Court is even ready to hear him through video conferencing,Shri Aurangabadkar sub- mitted that the learned Additional Solicitor General of India had prepared a note and he is filing the said note and it was conveyed to this Court that the learned Additional Solicitor General of India do not wish to make any further argument besides the note. The copy of the note is supplied to the learned counsel 3 ba-1149-2021.odt

for the applicant. The note is taken on record as Annexure-Z for the purposes of identification.

6. After tendering the Annexure-Z, learned ASGI read out the entire note of learned Additional Solicitor General of India and submitted that besides this, he does not wish to make any further arguments. Shri Chavan, learned counsel for the applicant has made elaborate submissions and concluded on his part.

7. Hence, now the proceedings are closed for judgment with further understanding that the matter is closed and any judgments, if found in future would not be entertained unless exceptional circumstances are made out.

                       JUDGE                              JUDGE




MP Deshpande




                                                          Digitally signed by:MILIND
                                                          P DESHPANDE
                                                          Signing Date:07.01.2022
                                                          17:36