Full Judgment Text
1
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
Signature Not Verified
Digitally signed by
Jagdish Kumar
Date: 2023.04.29
13:10:07 IST
Reason:
appearing on behalf of the applicant/appellant and Mr. Mukul
Rohatgi and Mr. Kapil Sibal, learned senior counsel appearing on
behalf of the respondents.
2
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.
……………………………………………..J.
[K. M. JOSEPH]
……………………………………………..J.
[HRISHIKESH ROY]
……………………………………………..J.
[B. V. NAGARATHNA]
New Delhi
th
Dated; 24 April, 2023.
3
ITEM NO.301 COURT NO.3 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
CRIMINAL APPEAL NOS.701-702/2020
ENFORCEMENT DIRECTORATE GOVERNMENT OF INDIA APPELLANT(S)
VERSUS
KAPIL WADHAWAN & ANR. RESPONDENT(S)
([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
4
UPON hearing the counsel the Court made the following
O R D E R
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)