The Supreme Court on Friday took exception to the Bombay High Court for releasing a money laundering accused on bail after it had reserved its judgment in a quashing petition filed by the accused.A bench of Justices Abhay S Oka and Ujjal Bhuyan noted that the accused had not made any prayer for bail and yet, the High Court proceeded to grant him interim bail after "de-reserving" his quashing plea and taking it up in chambers.The Court stated that the High Court had acted in gross impropriety by granting a prayer not made in pleadings. Hence, it proceeded to ask the High Court to reconsider the matter"Propriety required the roster bench not to pass such an order. What is shocking is, when releasing the case, when admittedly there was no prayer for release on bail, the court granted bail for releasing the first respondent (accused). Matter is remitted to concerned bench to be heard on out-of-turn priority if bail is pressed. Order granting bail has not been set aside on merits, it is clarified," the top court ordered.The bench was hearing an appeal by the Enforcement Directorate (ED) against a June 2023 order passed by the Bombay High Court.The accused had initially filed a writ petition to quash the money laundering proceedings against him in which judgment had been reserved.However, the matter was later de-reserved, and the accused was granted interim bail in chamber proceedings by a bench of Justices SB Shukre and MM Sathaye.The ED moved the Supreme Court against the same.The top court had sought the response of the Maharashtra government and the accused in the matter on December 8, 2023.The central agency's appeal has now been partly allowed.The apex court directed the roster bench of the High Court to consider the prayer for bail as well as the criminal appeal on merits, afresh.Senior Advocate Siddhartha Dave appeared for the accused, one Bablu Sonkar.Additional Solicitor General SV Raju appeared for ED
TAGS: Supreme Court Bombay High Court money laundering accused bail quashing petition impropriety plea enforcement directorate chambers proceedings appellate
