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Supreme Court of India

ENFORCEMENT DIRECTORATE GOVERNMENT OF INDIA vs KAPIL WADHAWAN on 24 April, 2023

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2023 INSC 1090ReportableCrl.A. No.-000701-000702 - 2020Official PDFAdvocates MUKESH KUMAR MARORIA
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NO.74084 OF 2023
IN
CRIMINAL APPEAL NOS.701-702 OF 2020
ENFORCEMENT DIRECTORATE
GOVERNMENT OF INDIA APPLICANT(S)/APPELLANT(S)
VERSUS
KAPIL WADHAWAN & ANR. ETC. RESPONDENT(S)
O R D E R

This application is filed by the applicant/appellant seeking

clarification of the judgment dated 27th March, 2023 passed by this

Court. The relief sought in the prayer, inter alia, is as follows:-

"(I) Clarify 'Para 51' of the Judgment dated 27.03.2023 passed by this Hon'ble Court to the effect that the said judgment is only restricted to answering the issue referred to the larger bench and that several other issues which have been raised in the appeal would have to be considered by the appropriate bench of this Hon'ble Court till which time the impugned order of the High Court granting default bail, cannot be upheld by holding the same to be either correct or found to be in order."

Heard Mr. S. V. Raju, learned Additional Solicitor General

Jagdish Kumar Rohatgi and Mr. Kapil Sibal, learned senior counsel appearing on

behalf of the respondents.

The paragraph-51 in the Criminal Appeal Nos.701-702 of 2020

pronounced on 27.03.2023 by this Court following correction, should

now read as under:-

"51. Following the above discussion and opinion, the impugned order of the High Court granting default bail to the respondents by applying the proviso (a) (ii) of Section 167(2) CrPC is found to be in order in terms of the reference made before this Court in respect of question referred before this Court and answered by us. Hence, we also uphold the impugned judgment dated 20.08.2020 passed by the learned Single Judge of the Bombay High Court. Any other pending issues arising from these appeals are to be addressed by an appropriate Bench of this Court."

The Interlocutory Application No.74084 of 2023 is allowed.

Pending application(s), if any, stand disposed of.

New Delhi Dated; 24th April, 2023.

CRIMINAL APPEAL NOS.701-702/2020

([ONLY IA No.74084/2023 IS TO BE LISTED UNDER THIS ITEM.] IA No. 74084/2023 - CLARIFICATION/DIRECTION)

Date : 24-04-2023 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Appellant(s) Mr. S. V. Raju, A.S.G.

Mr. Mukesh Kumar Maroria, AOR

Mr. Kanu Agarwal, Adv.

Mr. Rajan Kumar Choursia, Adv.

Mr. Annam Venkatesh, Adv.

Ms. Sairica Raju, Adv.

Mr. Arkaj Kumar, Adv.

Mr. Zoheb Hussain, Adv.

For Respondent(s) Mr. Kapil Sibal, Sr. Adv.

Mr. Mukul Rohatgi, Sr. Adv.

Mr. Mahesh Agarwal, Adv.

Mr. Ankur Saigal, Adv.

Mr. Rohan Dakshini, Adv.

Mr. Shubham Kulshreshtha, Adv.

Mr. Kaustubh Singh, Adv.

Ms. Kamakshi Sehgal, Adv.

Ms. Pooja Kothari, Adv.

Ms. Urvi Gupte, Adv.

Mr. E. C. Agrawala, AOR

Mr. Shrirang B. Varma, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya Aniruddha Pande, AOR

Mr. Bharat Bagla, Adv.

Mr. Sourav Singh, Adv.

Mr. Sarad Kumar Singhania, AOR

Mr. Amit K. Nain, AOR

UPON hearing the counsel the Court made the following

The paragraph-51 in the Criminal Appeal Nos.701-702 of 2020

pronounced on 27.03.2023 by this Court following correction, should

now read as under:-

"51. Following the above discussion and opinion, the impugned order of the High Court granting default bail to the respondents by applying the proviso (a) (ii) of Section 167(2) CrPC is found to be in order in terms of the reference made before this Court in respect of question referred before this Court and answered by us. Hence, we also uphold the impugned judgment dated 20.08.2020 passed by the learned Single Judge of the Bombay High Court. Any other pending issues arising from these appeals are to be addressed by an appropriate Bench of this Court."

The Interlocutory Application No.74084 of 2023 is allowed in

terms of the signed Reportable Order.

Pending application(s), if any, stand disposed of.

(JAGDISH KUMAR) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH) (Original signed Reportable Order in I.A. No.74084 of 2023 in Criminal Appeal Nos.701-702 of 2020 is placed on the file)