TMI Blog2017 (3) TMI 1642X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed and as a result thereof, the appellant shall be given the benefit of statutory bail and be released forthwith subject to the conditions that may be imposed by the Trial Court. - CRIMINAL APPEAL NO. 566 OF 2017 (Arising out of SLP (Criminal) No. 2301 of 2017) WITH WRIT PETITION (CRIMINAL) NO. 40 OF 2017 SPECIAL LEAVE PETITION (CRIMINAL) NO. 2278 OF 2017 - - - Dated:- 22-3-2017 - HON'BLE MR. JUSTICE A.K. SIKRI AND HON'BLE MR. JUSTICE ASHOK BHUSHAN For the Petitioner : Mr. Vikram Choudhary, Sr. Adv., Mr. Saurabh Kirpal, Adv., Mr. Ashish Batra, Adv., Ms. Preeti Singh, Adv. For the Respondent: Mr. Mukul Rohatagi, AG., Ms. Sadhana Sandhu, Adv., Mr. Dhruv Pal, Adv., Mr. B. K. Prasad, Adv. ORDER With the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court. The High Court has affirmed the order of the Trial Court and dismissed the petition of the appellant accepting the reasons given by the Trial Court that provisions of Section 167(2) Cr.P.C. are not applicable in the cases arising out of PMLA Act. We have gone through the orders passed by the Trial Court as well as by the High Court. We may state at the outset that insofar as the High Court is concerned, it has not given any reasons in support of its aforesaid view except endorsing the view of the Trial Court to the effect that provisions of Section 167(2)Cr.P.C. are not applicable to the cases under PMLA Act. This position in law stated by the Trial Court does not appear to be correct and even learned Attorney General appearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of a person arrested by any authorised officer of the Enforcement under FERA and taken to the Magistrate in compliance of Section 35(2) of FERA. We, thus, do not agree with the opinion of the High Court that the provisions of Section 167(2) Cr.P.C. would not be applicable to the proceedings under PMLA Act. In the present case, as no complaint was filed even after the expiry of 60 days from the date when the appellant was taken into custody, he was entitled to statutory bail in view of the provisions contained in Section 167(2) Cr.P.C. This appeal is, accordingly, allowed and as a result thereof, the appellant shall be given the benefit of statutory bail and be released forthwith subject to the conditions that may be imposed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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