Mumbai: The Bombay High Court on Thursday observed that the plea of Enforcement Directorate (ED) challenging the order of the special court directing temporary release of promoters of M/s Omkar Realtors – Babulal Verma and Kamalkishore Gupta – in an alleged money laundering case, has to be heard by a bench hearing bail matters.
Justice PD Naik observed that the lower court’s order contained provisions of bail bond and hence the same must be challenged before a bench having bail assignment.
The court in its order noted, “This court cannot take it up for want of assignment. Without any observations on merits, this matter should be presented before the court having assignment of bail.”
The ED had sought quashing of the special PMLA court order dated August 8 which granted interim bail to the promoters following Supreme Court’s recent judgment in PMLA cases. The apex court had said that PMLA cases cannot continue if there is no predicate offence.
The ED had mentioned the matter before justice Bharti Dangre on Thursday, who has bail assignment, had refused to grant an urgent hearing to ED.
Counsels for the builders – Vijay Aggarwal and Aabad Ponda – opposed the ED’s petition saying the investigating agency was seeking the same relief (as before justice Dangre) under a different title.
However, special public prosecutor Hiten Venegavkar said he had mentioned the matter before Justice Dangre under the impression that the accused were released on bail. After reading the order, he learnt it was about illegal custody. Verma and Gupta’s original and discharge applications will be heard by the PMLA court from Friday on a day-to-day basis.
