Disposed

Shweta Shashikant v. Directorte of Enforcement

Allahabad HC5 Jul 2024ABAIL/3094/2024

Case brief

AI extract

What is this about?

Hon'ble Rajeev Misra J., hearing an anticipatory bail application, directed the lower court to decide the matter regarding the acceptance of the applicants personal bond within three weeks citing the Supreme Court judgment in Tarsem Lal. Liberty was granted pending this decision.

What did the court decide?

Directed the lower court to decide the matter within three weeks. Liberty granted against coercive process until the next date.

Shweta Shashikant vs Directorte of Enforcement — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 64

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3094 of 2024

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Applicant :- Shweta Shashikant Opposite Party :- Directorte Of Enforcement Counsel for Applicant :- Rajrshi Gupta,Ramesh Chandra Yadav,Saurabh Shahi Counsel for Opposite Party :- Jitendra Prasad Mishra,Pawan Kumar Srivastava

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Hon'ble Rajeev Misra,J.

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Heard Mr. Dilip Kumar, the learned Senior Counsel, assisted by Mr. Sudhanshu Kumar, the learned counsel for applicant and Mr. Jitendra Prasad Mishra, the learned counsel for Directorate of Enforcement.

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Rejoinder affidavit filed by the learned counsel for applicant in court today is taken on record.

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At the very outset, the learned Senior Counsel for applicant submits that in compliance of the judgement of Supreme Court in Tarsem Lal Vs. Directorate of Enforcement Jalandhar Zonal Office, 2024 SCC Online SC 971, applicant has already submitted requisite application before the Court below for accepting the personal bond. However, upon objection raised by Directorate of Enforcement, the said personal bond of the applicant could not be accepted by Court below. He, therefore, submits that a direction be issued to Court below to decide the matter with reference to the acceptance of the bail bonds of applicant within a time bound period. He also submits that liberty of applicant be protected in the interregnum as coercive prosess has been issued against applicant.

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Mr. Jitendra Prasad Mishra, the learned counsel for Directorate of Enforcement has no objection to the same.

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Accordingly, it is hereby provided that Court below shall take a decision in the light of law laid down by Apex Court in Tarsem Lal (Supra) within a period of three weeks from the date of presentation of certified copy of this order.

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Matter shall re-appear as fresh on 26.7.2024.

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Till the next date of listing, no coercive action shall be taken against applicant.

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Order Date :- 5.7.2024

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Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Shweta Shashikant v. Directorte of Enforcement

Case brief

What is this about?

What did the court decide?

Shweta Shashikant v. Directorte of Enforcement

Case brief

What is this about?

What did the court decide?

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