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PROTECTION FROM ARREST TO ACCUSED IN P.M.L.A. CASE

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The Bombay High Court granted protection to the accused
Mayank Mehta who is the accused under Prevention of Money
Laundering Act, 2002.
The Bombay High Court comprising of Justice Revati Mohite
Dere & Justice Sharmila U. Deshmukh, by its order dated
25/7/2022 pleased to protect the accused Mayank Mehta.
from arrest.
Mayank Mehta who has filed the petition through the Counsel
Ishwar Charlewar, urged before the Court that he has already
been granted pardon by the Special P.M.L.A. Court on 4th
January, 2021 in two E.D. Prosecution complaints dated
14/5/2018 and 20/12/2019. The petitioner also prayed for
laying down appropriate guidelines from protection of a
person from summoning as an accused arrest and criminal
prosecution in connected scheduled offence after he has been
accepted as an approval by a competent authority of Union of
India under P.M.L.A. and has been granted pardon.
The main issue raised before the Hon’ble High Court was the
petitioner who has been granted pardon in E.D. Proceedings
can be made an accused by the C.B.I., on the basis of the same
facts and allegations / material in the C.B.I. case.
Senior Counsel Mr. Amit Desai for the petitioner relied upon
the judgment of the Apex Court in case of Deepak Chandak
Vs. Union of India.
Mr. Thakre, learned Special Public Prosecutor while opposing
the prayer for protection from arrest, submitted that the
investigation cannot be interfered with by the Court and that
it is the prerogative of the investigating agency i.e. the C.B.I.
to conduct the investigation and to decide whether a person
should be made an accused or not, depending on the evidence
collected by them during investigation. The learned Special
Public Prosecutor also contended that the petition itself is
premature.
The Hon’ble High Court after hearing the respective Counsels
for the parties directed the C.B.I. not to take coercive steps
against the petitioner till next date and further directed the
petitioner to attend to the summons issued by the respondent
/C.B.I.
Mr. Amit Desai, Senior Advocate a/w Mr. Manvendra Mishra,
Mr. Gopalkrishna Shenoi and Mr. Ishwar S. Charlewar, i/b
Sankalp Sharma, Ms. Pranjal Aggarwal and Mr. Palash
Bhagkoti appeared for the petitioner and Mr. Raja Thakre, Sr.
Advocate along with a/w Kuldeep Patel, Mr. Siddharth
Jagushte and Mr. Aakash Kawade appeared for respondent
No.1- C.B.I. and Mrs. M.M. Deshmukh, APP for respondent
No.2- State.

[READ ORDER]

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