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Case Law Details

Case Name : Satender Kumar Antil Vs Central Bureau of Investigation & Anr. (Supreme Court of India)
Appeal Number : Miscellaneous Application No.1849/2021
Date of Judgement/Order : 16/12/2021
Related Assessment Year :

Satender Kumar Antil Vs Central Bureau Of Investigation & Anr. (Supreme Court of India)

IA NOS.164370 & 164760/2021- APPLICATIONS FOR INTERVENTION

The applications are allowed.

MISCELLANEOUS APPLICATION NO.1849/2021 IN SLP(Crl)  No. 5191/2021 &

MISCELLANEOUS APPLICATION Diary No.29164/2021 IN  SLP(Crl) No. 5191/2021

Learned senior counsels for parties state that they will endeavour to work out some of the fine tuning which is required to give meaning to the intent of our order dated 07.10.2021.

We make it clear that our intent was to ease the process of bail and not to restrict it. The order, in no way, imposes any additional fetters but is in furtherance of the line of judicial thinking to enlarge the scope of bail.

At this stage, suffice for us to say that while referring to category ‘C’, inadvertently, Section 45 of Prevention of Money laundering Act (PMLA) has been mentioned which has been struck down by this Court. Learned ASG states that an amendment was made and that is pending challenge before this Court before a different Bench. That would be a matter to be considered by that Bench.

We are also putting a caution that merely by categorizing certain offences as economic offences which may be non-cognizable, it does not mean that a different meaning is to be given to our order.

SC strikes down Twin Conditions for granting Bail under section 45 of PMLA

We may also clarify that if during the course of investigation, there has been no cause to arrest the accused, merely because a charge sheet is filed, would not be an ipso facto cause to arrest the petitioner, an aspect in general clarified by us in Criminal Appeal No.838/2021 –Siddharth v. State of Uttar Pradesh & Anr. dated 16.08.2021.

List on 20.01.2022.

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