1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s)…/2023
Arising out of SLP(Criminal) No. 7106/2022
RATAN KUMAR GOENKA Appellant(s)
VERSUS
UNION OF INDIA Respondent(s)
O R D E R
Leave granted.
Heard learned counsel for the parties.
The appellants prayer for bail in connection with special trial No. PMLA SC No. 07 of 2020 in ECIR No. PTZO/01/2017 has been rejected by the Special Court and the High Court has also sustained the order of the Special Court. The main accused, who has been described as Raj Kumar Goenka, has been granted regular bail by the High Court. We enquired from Mr. K.M. Nataraj, learned Additional Solicitor General as to whether the Enforcement Directorate required his custody in the present case or not. His submission on instruction is that custody of the appellant may not be required.
2In such circumstances, in our opinion, the High Court ought not to have had insisted upon surrender of the appellant and give him liberty to pray for regular bail. We, accordingly, set aside the order impugned and direct that in the event the appellant is arrested in connection with the aforesaid two cases, he shall be released on bail on such terms the Special Court may consider fit and proper. This order is being passed on the condition that the appellant shall cooperate in the trial and shall appear before the
Court on all such days he is required to be present.
The appeal stands allowed in the above terms.……………………J.
[ANIRUDDHA BOSE]………………J.
[SUDHANSHU DHULIA]
New Delhi.
January 30, 2023.
3ITEM NO.4 COURT NO.11 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Special Leave to Appeal (Crl.) No(s). 7106/2022
(Arising out of impugned final judgment and order dated 05-07-2022 in CRLM No. 25531/2021 passed by the High Court Of Judicature At Patna)
RATAN KUMAR GOENKA Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
IA No. 109298/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 113370/2022 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ ANNEXURES)
Date : 30-01-2023 The matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ANIRUDDHA BOSE
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
For Petitioner(s)
Mr. Arshdeep Singh Khurana, Adv.
Mr. Malak Manish Bhatt, AOR
Ms. Neeha Nagpal, Adv.
Mr. Vishvendra Tomar, Adv.
For Respondent(s) Mr. Tushar Mehta, Solicitor General
Mr. K.M. Nataraj, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Kanu Agarwal, Adv.
Mr. Shailesh Madiyal, Adv.
Mr. Zoheb Hussain, Adv.
Mr. Nakul Chengappa K.K., Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
In the event the appellant is arrested in connection with the two cases, he shall be released on bail on such terms the Special Court may consider fit and proper.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall also stand disposed of.
(JATINDER KAUR) (VIDYA NEGI)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
[Signed order is placed on the file]