Sourav Bardhan vs The Union Of India Through Directorate ...
2025 Latest Caselaw 2479 Jhar

Jharkhand High Court

Sourav Bardhan vs The Union Of India Through Directorate ... on 7 February, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                 A.B.A No. 7840 of 2024
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Sourav Bardhan, aged about 46 years, S/o Bhupati Ranjan Bardhan, R/o Block 50/10B, Tapovoan Housing Complex, Bamunnara, PO, PS, & Dist.- Durgapur, West Bengal, at present R/o Block B2, Flat No.18, Panchvati Complex, Opposite VIP Haldiram, PO & PS-Baguiati, Dist-Kolkata, West Bengal ........Petitioner Versus The Union of India through Directorate of Enforcement represented by Assistant Director (PMLA), Kolkata Zonal Office-1, CGO Complex at 3rd MSC Building, 6th Floor, PO & PS-Salt Lake, Dist.-Kolkata-700064 ......Opposite Party

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

For the Petitioner : Mr. Prabhas Chandra Jha, Advocate For the OP : Mr. Amit Kumar Das, Advocate Mr. Saurav Kumar, Advocate

Order No.3/Dated: 7th February, 2025

This is a case of pre-arrest bail having been filed under sections 482 and 484 of BNSS, 2023 which was registered for the offence under section 3 read with section 70 of the Prevention of Money Laundering Act, 2000 read with section 4 of the Prevention of Money Laundering Act, 2000.

2. Mr. Amit Kumar Das, the learned counsel appearing for the OP- Directorate of Enforcement at the outset has submitted that the case of the present petitioner is squarely covered by the judgment passed by the Hon'ble Apex Court in the case of "Tarsem Lal Vs. Directorate of Enforcement Jalandhar Zonal Office" reported in (2024) 7 SCC 61. It has been submitted that the petitioner may surrender before the concerned Court by making application for acceptance of bail-bonds as per the provision as contained under section 88 of the Cr.P.C and parametria provisions as contained under section 91 of BNSS, 2023.

3. Upon this, the learned counsel appearing for the petitioner is having no objection rather he has submitted that he is not pressing the present pre- arrest bail application with liberty to make an application before the trial Court for acceptance of the bail-bonds in view of the mandate of section 88 of the Cr.P.C and parametria provisions as contained under section 91 of BNSS, 2023.

4. If the petitioner, abovenamed, will surrender before the Court concerned after making application with respect to acceptance of bail- bonds within a period of two weeks from the date of receipt of a copy of this order, the Court concerned will pass an appropriate order in accordance with law.

5. With the aforesaid direction, this pre-arrest bail is dismissed as not pressed and disposed of as such.

(Sujit Narayan Prasad, J.) Sudhir